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8/20/2019 CCC f12b-12-2015 City of Carmel Beach Fire Management Pilot Program
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STATE OF CALIFORNIA—NATURAL RESOURCES AGENCY EDMUND G. BROWN JR., GOVERNOR
ALIFORNIA COASTAL COMMISSIONCENTRAL COAST DISTRICT OFFICE
725 FRONT STREET, SUITE 300
SANTA CRUZ, CA 95060
PHONE: (831) 427-4863
FAX: (831) 427-4877
WEB: WWW.COASTAL.CA.GOV
F12bAppeal Filed: 5/27/201549th Day: WaivedStaff: Mike Watson - SCStaff Report: 11/25/2015Hearing Date: 12/11/2015
APPEAL STAFF REPORT: SUBSTANTIAL ISSUE
DETERMINATION & DE NOVO HEARING
Appeal Number: A-3-CML-15-0033
Applicant: City of Carmel-by-the-Sea
Appellant: Alexis Delehanty
Local Decision: Approved by the Carmel-by-the-Sea City Council on May 5, 2015(City CDP application number MP 15-100).
Project Location: The portion of Carmel Beach between Tenth Avenue and MartinWay in the City of Carmel-by-the-Sea, Monterey County.
Project Description: Implement the City’s Beach Fire Management Pilot Program,including installing 26 fire rings and Program signage,implementing new fire management and beach maintenance provisions, and monitoring Program effectiveness.
Staff Recommendation: Substantial Issue Exists; Approval with Conditions
IMPORTANT HEARING PROCEDURE NOTE
The Commission will not take testimony on the “substantial issue” recommendation unless atleast three Commissioners request it. The Commission may ask questions of the Applicant, anyaggrieved person, or the Executive Director prior to determining whether or not to taketestimony regarding whether the appeal raises a substantial issue. If the Commission takestestimony regarding whether the appeal raises a substantial issue, testimony is generally limitedto three minutes total per side and at the discretion of the Chair. Only the Applicant, persons who
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opposed the application before the local government (or their representatives), and the localgovernment shall be qualified to testify during this phase of the hearing. Others may submitcomments in writing. If the Commission finds that the appeal raises a substantial issue, the denovo phase of the hearing will follow, unless it has been postponed, during which theCommission will take public testimony.
SUMMARY OF STAFF RECOMMENDATION
The City of Carmel-by-the-Sea approved a coastal development permit (CDP) to allow the Cityto install 26 fire rings on Carmel Beach and to implement a new Beach Fire Management PilotProgram (Program) along the south end of Carmel Beach, seaward of Scenic Road betweenTenth Avenue and Martin Way. The City’s CDP decision was appealed to the Commission, withthe Appellant alleging Local Coastal Program (LCP) conformance issues with respect to hazards, public safety, public access and recreation, air and water quality, public views, and communitycharacter. After reviewing the local record, Commission staff believes that the approved projectraises a substantial issue with respect to the project’s conformance with the City’s certified LCP
and the public access and recreation policies of the Coastal Act.
Carmel Beach is a significant local and regional beach access destination. Its wide expanse ofwhite sand extends along a mile of the City’s shoreline, and attracts beach visitors from far andwide who come to walk, sit, and play on the beach and in the ocean waves offshore. Many beachgoers also come to sit around a beach fire in the early afternoon and evening. These beachfires have long been a part of both the cultural fabric and recreational utility associated withCarmel Beach, and are called out as an important part of the beach recreational experience herein the City’s LCP. Per the LCP, beach fires are only allowed on the beach south of TenthAvenue.1
The City’s Program is in response to concerns raised by the City and its residents that these
beach fires are leading to both health issues and beach degradation. The former is associated withthe smoke from beach fires, and the latter associated with the debris left on the beach, including because the beach currently does not have any fire rings and fires are made directly on the sand.The Monterey Bay Unified Air Pollution Control District (MBUAPCD), in concert with the City,has been monitoring smoke levels (actually PM2.5 levels)2 inland of the beach since late May ofthis year, for a total of 140 days monitored.3 Data from the smoke monitor shows that there wasone exceedance of the federal Environmental Protection Agency (EPA) 24-hour PM2.5 standardduring this time, which occurred on a day when wood beach fires were not allowed. Otherwise,the data shows PM2.5 levels to be fairly constant during the week, and generally increase onweekends, with ‘spikes’ in smoke levels roughly corresponding to spikes in the numbers of
1 Fires are not allowed on the rest of the beach, meaning beach fires are already currently limited under the LCP to roughly 35%of the beach frontage.
2 The City and MBUAPCD are monitoring PM2.5, which is a type of particulate matter. Particulate matter is a generic term for particles suspended in the air, typically as a mixture of both solid particles and liquid droplets. PM2.5 is particulate matter witha diameter that is 2.5 micrometers and smaller. For purposes of comparison, a human hair is about 60 micrometers in diameter.
3 The monitor is located in the backyard of the house located at the corner of Scenic Drive and 13th Avenue, inland of the beacharea where beach fires are allowed.
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beach fires.4 Based on EPA guidelines for the 1-hour PM2.5 concentrations,5 the monitoredsmoke levels have predominantly fallen into the “good” air quality category 98% of the totalnumber of hours in the monitoring timeframe, but there are instances when the ‘spikes’ havefallen into the “moderate” air quality category (1.3%), and even times where the data indicates“unhealthy”6 air (0.7%) (see Exhibit 7).7 Thus, and although there is a need for more robust data
collection and development,
8
it is clear that the monitor has identified some PM2.5 levels thatextend into unhealthy ranges, and it is clear that there is an air quality problem in the surroundingCarmel Beach area to which beach fires appear to contribute that needs to be understood andaddressed.
Originally, the City’s approved Program was based on limiting and managing beach fires toaddress these concerns, including no longer allowing unlimited fires directly on the sand, andinstead limiting such fires to 26 fire rings. However, in the time since the City’s approval (andsubsequent appeal of that approval to the Commission), the City instituted an “emergency” prohibition on beach fires on weekends and holidays, issuing an emergency CDP (that has sinceexpired) and an urgency ordinance (which cannot authorize development under the Coastal Actand the LCP).9 In addition, the City has taken steps towards declaring a public nuisance and banning beach fires altogether.10 Instead of managing beach fires as the City originally proposed,the City’s modified approach would be to prohibit wood beach fires, but to allow propane fireson Carmel Beach. The City’s new proposal would provide for six City-provided propane-fueledfire rings in the area between Tenth Avenue and Martin Way along the beach,11 and unlimited propane fires south of Tenth Avenue on the beach if provided privately by the user. Fires wouldonly be allowed in the City-provided fire rings from one hour before sunset to 10 p.m., and theuser provided fires from 7 a.m. to 10 p.m. Staff does not support the City’s proposal.
Staff concurs with the City that there are numerous problems associated with the current beachfire situation at Carmel Beach, including on air quality, water quality, and scenic resources, andthat management measures are necessary to address and abate those problems. However, staff
does not believe that the City’s proposed course of action to abate those problems is LCP andCoastal Act compliant, and therefore raises a series of coastal resource protection issues. In other
4 The City documented the number of beach fires occurring on weekends over a roughly 5-week period in late June 2015through July 2015.
5 Based on the Revised Air Quality Standards for Particle Pollution and Updates to the Air Quality Index (US EPA December14, 2012). There are no State or Federal standards for 1-hour PM2.5 concentrations, only these guidelines.
6 In terms of the 1-hour average, the monitor found PM2.5 concentrations to be at 153 one time, and thus in the EPA’s“Unhealthy” category, and the monitor also found 5 instances where the PM2.5 concentrations fell into the “Unhealthy forSensitive Groups” category.
7 Standards for 24-hour PM 2.5 are not explicitly set by the California Air Resources Board. Instead, the California Air
Resources Board references the National Air Quality Standards.8 As indicated above, the single monitor is located in a residential backyard inland of Scenic Drive, and it does not collect thetype of meteorological data to be able to conclusively demonstrate where the smoke is coming from (e.g., in relation to windetc.). In addition, the City lacks baseline data against which to compare the current data.
9 The City’s action is being tracked by the Commission as a violation inasmuch as it is not authorized by a CDP.10 The City Council adopted a first reading of a public nuisance declaration on November 3, 2015, but has not yet scheduled a
time to finalize their public nuisance declaration.11 Although the City’s new program is not completely fleshed out, as staff understands it currently, the City proposes to install six
propane fire rings, as well as propane lines and propane tanks in or under the sand. It is not clear whether the City would provide propane for which users would pay a fee, or would provide propane for free, or some other mechanism.
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words, there appear to be many ways to address the identified problem, but to institute acomplete ban on wood beach fires at this time is not an appropriate solution, particularlyconsidering the fact that a complete ban is inconsistent with the City’s own LCP, whichexpressly allows for and encourages beach fires. Furthermore, the City’s proposed propane-only program cannot be approved because the LCP explicitly prohibits flammable liquids (like
propane) on the beach. In addition, the City’s post-prohibition monitoring data does not evenshow that such a proposal would make a significant difference in PM2.5 levels and spikes, thusundermining the justification for imposing a complete ban.12 To staff, a more appropriateresponse at the current juncture would be something more in line with the fire managementProgram previously approved by the City (i.e., the approval that is the subject of this appeal).Although this Program as approved by the City lacks needed detail (including in terms of thetype, size, and design of the fire rings; the timing on seasonal removal/restoration of the rings;maintenance provisions; public education; and monitoring requirements), it can form the basisfor an approved program that can be used to address the identified problems while continuing to provide for the rich experience and recreational utility associated with fires as has historically been the case at Carmel Beach.
Thus, staff recommends approval of a CDP that provides for the 26 fire rings originally approved by the City, and that provides associated parameters for the placement, signage, use, monitoring,and maintenance associated with those rings, including in terms of monitoring air quality. Staff believes this to be an appropriately measured response, and one that can allow for monitoringand adaptation over time to adjust Program parameters as warranted.13 Such a Program wouldappropriately limit beach fires (i.e., 26 allowed as opposed to the unlimited number of fires thatare currently allowed), and can strike an appropriate balance to the issues presented. It will alsoaddress all of the other issues associated with unlimited fires built directly on the beach sand byconfining them to 26 fire rings that can be appropriately maintained to avoid beach degradation.
Staff recommends that the Commission find that the appeal raises a substantial issue and
that the Commission take jurisdiction over the CDP application. Staff further recommendsthat the Commission approve a CDP for a modified pilot program at Carmel Beach. Themotion is found on page 6 below.
12 Importantly, the monitoring data does not show much of a difference for the time period from before the City started prohibiting beach fires to after. Indeed, there continue to be roughly the same background values and the same types of‘spikes’ even after beach fires were prohibited. And the one time that federal Clean Air Act standards were exceeded occurredon a Sunday after the prohibition was put in effect. This exceedance may instead be correlated with the Tassajara Wildfire inCarmel Valley that occurred around that time. See Exhibit 7.
13 Including allowing for propane options to be considered should the LCP be modified to allow for same.
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TABLE OF CONTENTS
I. MOTIONS AND RESOLUTIONS .........................................................................................6
II. STANDARD CONDITIONS...................................................................................................7
III. SPECIAL CONDITIONS .......................................................................................................7
IV.
FINDINGS AND DECLARATIONS ...................................................................................10 A. PROJECT LOCATION ............................................................................................................10
B. PROJECT BACKGROUND ......................................................................................................11
C. CITY OF CARMEL ACTION ...................................................................................................12
D. PROJECT DESCRIPTION ........................................................................................................12
E. APPEAL PROCEDURES .........................................................................................................13
F.
SUMMARY OF APPEAL CONTENTIONS .................................................................................13
G. SUBSTANTIAL ISSUE DETERMINATION ................................................................................14
H. COASTAL DEVELOPMENT PERMIT DETERMINATION ...........................................................18
1. Background ................................................................................................................. 18
2. Public Access and Recreation ..................................................................................... 26
3.
Scenic and Visual Resources ...................................................................................... 38 4. Hazards ....................................................................................................................... 40
5. Water Quality .............................................................................................................. 45
6. Violation ..................................................................................................................... 46
7. California Environmental Quality Act (CEQA) ......................................................... 48
APPENDIX A. SUBSTANTIVE FILE DOCUMENTS
EXHIBITS
Exhibit 1. Regional Location Maps Exhibit 2. Project Site Photos
Exhibit 3. City CDP Action Exhibit 4. Appeal of City CDP Action Exhibit 5. City’s Revised Project Proposal (Propane Only dated November 17, 2015) Exhibit 6. Beach Fire Management Pilot Program (dated May 12, 2015) Exhibit 7. Plots of Carmel Beach PM2.5 Air Quality Data Exhibit 8. Urgency Ordinance Prohibiting Beach Fires Exhibit 9. Letter from Richard Stedman, MBUAPCD (dated August 18, 2015) Exhibit 10. Beach Fires Prohibition Signs Exhibit 11. Commission Staff Correspondence to City on Fire Program Exhibit 12. Correspondence
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I. MOTIONS AND RESOLUTIONS
A. Substantial Issue Determination
Staff recommends that the Commission determine that a substantial issue exists with respect tothe grounds on which the appeal was filed. A finding of substantial issue would bring the CDPapplication for the proposed project under the jurisdiction of the Commission for de novo
hearing and action. To implement this recommendation, staff recommends a NO vote on thefollowing motion. Failure of this motion will result in a de novo hearing on the CDP application,and adoption of the following resolution and findings. Passage of this motion will result in afinding of No Substantial Issue and the local action will become final and effective. The motion passes only by affirmative vote of a majority of the Commissioners present.
Motion: I move that the Commission determine that Appeal Number A-3-CML-15-0033raises no substantial issue with respect to the grounds on which the appeal has been filedunder Section 30603 of the Coastal Act, and I recommend a no vote.
Resolution to Find Substantial Issue: The Commission hereby finds that Appeal Number
A-3-CML-15-0033 presents a substantial issue with respect to the grounds on which theappeal has been filed under Section 30603 of the Coastal Act regarding consistency withthe certified Local Coastal Program and/or the public access and recreation policies ofthe Coastal Act.
B. CDP DeterminationStaff recommends that the Commission, after public hearing, approve a coastal development permit for the proposed development. To implement this recommendation, staff recommends aYES vote on the following motion. Passage of this motion will result in approval of the CDP asconditioned and adoption of the following resolution and findings. The motion passes only by
affirmative vote of a majority of the Commissioners present.
Motion: I move that the Commission approve Coastal Development Permit Number A-3-CML-15-0033 pursuant to the staff recommendation, and I recommend a yes vote.
Resolution to Approve CDP: The Commission hereby approves Coastal Development Permit Number A-3-CML-15-0033 and adopts the findings set forth below on groundsthat the development as conditioned will be in conformity with the City of Carmel-by-the-Sea Local Coastal Program policies and Coastal Act access and recreation policies. Approval of the permit complies with the California Environmental Quality Act becauseeither 1) feasible mitigation measures and/or alternatives have been incorporated to substantially lessen any significant adverse effects of the development on theenvironment, or 2) there are no further feasible mitigation measures or alternatives thatwould substantially lessen any significant adverse impacts of the development on theenvironment.
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II. STANDARD CONDITIONS
This permit is granted subject to the following standard conditions:
1. Notice of Receipt and Acknowledgment. The permit is not valid and development shall notcommence until a copy of the permit, signed by the Permittees or authorized agent,
acknowledging receipt of the permit and acceptance of the terms and conditions, is returnedto the Commission office.
2. Expiration. If development has not commenced, the permit will expire two years from thedate on which the Commission voted on the application. Development shall be pursued in adiligent manner and completed in a reasonable period of time. Application for extension ofthe permit must be made prior to the expiration date.
3. Interpretation. Any questions of intent or interpretation of any condition will be resolved bythe Executive Director or the Commission.
4. Assignment. The permit may be assigned to any qualified person, provided assignee fileswith the Commission an affidavit accepting all terms and conditions of the permit.
5. Terms and Conditions Run with the Land. These terms and conditions shall be perpetual,and it is the intention of the Commission and the Permittees to bind all future owners and possessors of the subject property to the terms and conditions.
III. SPECIAL CONDITIONS
This permit is granted subject to the following special conditions:
1.
Beach Fire Management Program. PRIOR TO ISSUANCE OF THE COASTALDEVELOPMENT PERMIT, AND WITHIN 90 DAYS OF THE COMMISSION’SACTION, the Permittee shall submit two copies of a Beach Fire Management Programdocument to the Executive Director for review and approval. The Program shall be insubstantial conformance with the City’s Beach Fire Management Program submitted to theCoastal Commission and dated received in the Coastal Commission’s Central Coast DistrictOffice on May 12, 2015 as shown on Exhibit 6, but shall be modified to achieve compliancewith this condition, including that it shall show the following required changes andclarifications:
a. Fire Rings. At a minimum, no fewer than 26 kettle-style, steel fire rings shall be
available to the public on a first-come, first-serve basis. All fire rings shall be a minimumof 40 inches in diameter and roughly 24 inches in height. The rings shall be installedapproximately 50 feet apart from one another and approximately 25 feet from the base ofthe most inland extent of the bluff on the beach south of Tenth Avenue to Martin Way.
b. Availability. The 26 beach fires rings shall be available for public use between the hoursof 7 a.m. and 10 p.m. daily throughout the year, consistent with all other provisions of theBeach Fire Management Pilot Program. All fire rings shall be available on a first-come,
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first-serve basis, except that one fire ring device per weekend (Friday night throughSunday night) may be reserved in association with the issuance of a special event permitfrom the City and in accordance with the City’s special event policies.
c. Fuels. All 26 fire ring devices are intended for use with wood and charcoal fuel sourcesonly. Only dry, “clean” and untreated firewood may be used in the fire ring devices.Propane and other flammable liquids, other than charcoal starter, shall be prohibited tostart or maintain a fire on Carmel Beach.
d. Seasonal Management. The Program shall include a seasonal management componentthat provides for removal of the fire rings prior to the devices becoming threatened byhigh tides, large storms, and wave action, and return to the beach once storms subside.The Program shall indicate that the fire rings will initially be in place on the beach duringthe peak beach-going period from March 15th through October 15th of each year. Thefire rings shall be retained on the beach outside of these peak-period dates providedfavorable weather conditions exist along with a low chance of tidal or storm surge thatwould impact the fire rings. User-supplied portable wood containment devices shall only
be allowed to be used on the beach when the City-provided fire rings are not present onthe beach, and the Program shall provide parameters for such allowable containmentdevices consistent with this approval.
e. Maintenance. The fire rings shall be maintained in such a way that ash, debris, and woodmaterial is not allowed to escape the fire rings, whether via wind and other natural eventsor via excess buildup or otherwise. The areas around the fire rings shall be maintainedfree of ash, debris, and wood material. The fire rings shall be maintained a minimum ofthree-days per week during peak use periods (i.e., from March 15th through October 15thof each year), and on an as needed basis during all times (peak and off-peak) when thefire rings are present on the beach. All ash, debris, and wood material shall be properly
disposed of away from the beach. When the fire rings are removed from the beach due tothe seasonal management program specified in subsection (d) above, the fire rings shall be properly stored away from the beach.
f. Signage. The Program shall clearly identify all signs/symbols associated with the program and all signs/symbols shall be sited and designed: (1) to minimize their visibilityin the public viewshed; (2) to seamlessly integrate into the beach and shoreline aestheticto the maximum extent feasible, including using natural materials, earth tone colors,siting signs on existing stairway landings and posts; and (3) to be subordinate to the beach and Scenic Road pathway setting.
g.
Fire Ring Monitoring. The Program shall provide for a program of monitoring of all firering installation, seasonal movement, and use. The monitoring program shall be designedto provide information and data regarding the degree of fire ring (and allowed privatecontainment device) use under the program.
h. Air Quality Monitoring. The Permittee shall, in coordination with the Monterey BayUnified Air Pollution Control District, continue to monitor air quality and the effects ofsmoke and particulate matter (PM2.5) on beachgoers, Scenic Road pathway users, nearby
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residents, and other receptors. The Program shall identify all aspects of such monitoring,which shall, as feasible, augment existing monitoring associated with the 13th Avenue airmonitoring station to provide greater coverage of the overall beach area (including to provide monitoring associated with non-fire ring areas as well as the fire-ring areas in amanner designed to provide representative coverage of both, and to allow comparisons to
be accurately made between data from both areas); to provide 1-hour, 8-hour, and 24-hour averages for PM2.5 as well as corresponding meteorological data (including windspeeds and directions) associated with each monitoring station; and to provide as clear arepresentation as possible of the amount of PM2.5 correlated to beach fires as opposed toother sources. All air quality monitoring shall be to current acceptable air qualitymonitoring standards.
i. Reporting. The Program shall provide that by December 31st of each year that it is ineffect, the Permittee shall submit a Monitoring Report to the Executive Director forreview and approval. Each Report shall include the results of both the fire ring and airquality monitoring (above), presented in a manner that allows conclusions to be drawnrelated to the effects of beach fires on air quality, including at a minimum providingspreadsheets showing all raw PM2.5 data as well as graphic plots of the PM2.5 dataagainst the EPA Air Quality Indexes for 1-hour, 8-hour, and 24-hour averages (seeExhibit 7). Each Report shall include recommendations for modifications to the Programdesigned to better address identified coastal resource concerns, and modifications shall bemade according to any timing identified in the approved Monitoring Report.
Minor adjustments to the above requirements may be allowed by the Executive Director ifsuch adjustments: (1) are deemed reasonable and necessary; and (2) do not adversely impactcoastal resources. All requirements above and all requirements of the approved Beach FireManagement Program shall be enforceable components of this CDP. The Permittee shallundertake development in accordance with this condition and the approved Beach Fire
Management Program.
2. Commission Re-Review. Following its first three years of operation, the CoastalCommission shall review the effectiveness of the approved Beach Fire Management Programat providing for adequate public recreational access while protecting coastal resources andthe environment consistent with the Coastal Act, the LCP, and this CDP. The Commission’sre-review shall occur at an appropriate hearing in 2019, at which time that Commission canmake changes to the approved Program.
3. Assumption of Risk, Waiver of Liability and Indemnity. By acceptance of this CDP, thePermittee acknowledges and agrees, on behalf of itself and all successors and assigns: (i) that
the site is subject to hazards from episodic and long-term shoreline retreat and coastalerosion, sea level rise, high seas, ocean waves, storms, tsunami, tidal scour, coastal flooding,and the interaction of same; (ii) to assume the risks to the Permittee and the property that isthe subject of this CDP of injury and damage from such hazards in connection with this permitted development; (iii) to unconditionally waive any claim of damage or liabilityagainst the Commission, its officers, agents, and employees for injury or damage from suchhazards; and (iv) to indemnify and hold harmless the Commission, its officers, agents, andemployees with respect to the Commission’s approval of the CDP against any and all
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liability, claims, demands, damages, costs (including costs and fees incurred in defense ofsuch claims due to such hazards), expenses, and amounts paid in settlement arising from anyinjury or damage.
4. Shoreline Protective Structure Waiver. By acceptance of this CDP, the Permitteeacknowledges and agrees that: (i) shoreline protective structures (including but not limited toseawalls, revetments, retaining walls, tie backs, piers, groins, etc.) that protect the approveddevelopment (including, but not limited to, any of the fire rings, signs, and/or any futureimprovements) shall be prohibited; and (ii) any rights to construct such shoreline protectivestructures, including rights that may exist under the Coastal Act, the City of Carmel-by-the-Sea Local Coastal Program, or any other applicable law, are waived.
5. Liability for Costs and Attorneys’ Fees. By acceptance of this CDP, the Permitteeacknowledges and agrees to reimburse the Coastal Commission in full for all CoastalCommission costs and attorneys’ fees (including but not limited to such costs/fees that are:(1) charged by the Office of the Attorney General; and (2) required by a court) that theCoastal Commission incurs in connection with the defense of any action brought by a party
other than the Permittee against the Coastal Commission, its officers, employees, agents,successors and assigns challenging the approval or issuance of this CDP. The Permittee shallreimburse the Coastal Commission within 60 days of being informed by the ExecutiveDirector of the amount of such costs/fees. The Coastal Commission retains completeauthority to conduct and direct the defense of any such action against the CoastalCommission
IV. FINDINGS AND DECLARATIONS
The Commission finds and declares as follows:
A. PROJECT LOCATION
The proposed project is located within the City of Carmel-by-the-Sea at Carmel Beach. The Cityis located on the southern edge of the Monterey Peninsula and is entirely within the coastal zone.It is relatively small (1 square mile approximately) and has a population of roughly 3,800.Against a backdrop of Monterey pine and cypress forest, the City fronts Carmel Bay and theworld-renowned white sandy beach running along its entire, approximate one mile length. Abovethe beach, the Scenic Road trail system is a unique public pathway experience that is defined in part by the undulating bluffs, Monterey cypress landscape canopy, and scenic views of Pebble
Beach and Point Lobos in the distance. Together Carmel Beach, the bluffs, the blufftop trail,Scenic Road, and extraordinary vistas combine to form a world-renowned, popular, and visuallystriking system of public access. Carmel has long been known as a significant visitordestination.14
14 For example, Conde Nast Traveler Magazine has consistently selected Carmel-by-the-Sea as a top destination not only withinthe State of California and the U.S., but also the entire world (e.g., #6 Travel Destination in the U.S., November 2014; #2 BestSmall City in the U.S., July 2014; and #3 Best City for romance in the World, February 2014).
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Carmel Beach itself is a significant local and regional beach access destination. Its wide expanseof white sand extends some along a mile of the City’s shoreline, and attracts beach visitors fromfar and wide who come to walk, sit, and play on the beach and in the ocean waves offshore.Many beachgoers also come to sit around a beach fire in the evening. These beach fires havelong been a part of both the cultural fabric and recreational utility associated with Carmel Beach,
and are called out as an important part of the beach recreational experience here in the City’sLCP. Per the LCP, beach fires are only allowed on the beach south of Tenth Avenue.15
The City-approved project affects the portion of the beach that is located seaward of Scenic Roadand between Tenth Avenue and Martin Way. The entire beach is designated by the LCP as OpenSpace/Recreation and is dedicated to serving the needs of residents and the public including via provision of passive and active recreational access opportunities, such as beach fires.
See Exhibit 1 for location maps, and Exhibit 2 for site photos.
B. PROJECT BACKGROUND
Beach fires are a part of the historic fabric of Carmel. Their origins stem from the earliest days inthe village with writers and artists enjoying fires and cookouts on the beach and upper dunes.Beach fires have historically been unmanaged and have taken place directly on the white sand.However, in recent years the City has taken steps to preserve the unique qualities of the beachand adjacent bluffs and dunes. In 1995, in response to perceived discoloration of the upperdunes’ characteristically white sands, the City passed an ordinance banning fires north of TenthAvenue and prohibiting fires within 25 feet of the bluff. The City restricted fires in these areas because the dunes north of Tenth Avenue and the steep back-beach areas are generally locatedabove the reach of high-energy storm waves and thus are not typically affected by the yearlycycle of waves that annually removes sand during the winter and re-deposits sand during the
spring, effectively “cleaning” the sand of charcoal and embers. Additional regulations regardingthe size and height of a fire and a prohibition on the use of flammable liquids for beach fires alsowent into effect during this time. These provisions were made a part of the LCP when it wascertified in 2004.
Carmel Beach is one of the few places along the urban portions of the central coast where beachfires have been allowed directly on the sand.16 To date, there have also been no limits on thenumbers of fires at any one time on the beach, and it is not uncommon to observe upwards of 45 beach fires during peak weekend periods in the summer and fall.17 The large numbers of beachfires during these periods have raised concerns by the City and its residents about discolorationof the beach’s white sands and possible health effects from smoke. The recent series of relativelymild winters has reduced the natural beach cleansing cycles as well, leading to the buildup ofwood debris and burnt embers on the beach. The large number of unmanaged fires directly in thesand has also raised concerns regarding public safety and water quality. As the City nears the
15 Fires are not allowed on the rest of the beach, meaning beach fires are currently limited under the LCP to some 35% of the beach frontage.
16 Beaches in many rural areas are unmanaged in this way, and beaches in many urban areas include fire rings for beach fires(e.g., at many State parks).
17 This past 4th of July holiday, which occurred on a Saturday, saw upwards of 130 beach fires according to the City.
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centennial anniversary of its incorporation, the importance of beach fires to the Carmel Beachrecreational experience cannot be understated, and the need to revise and implement amanagement program has never been greater.
C.
CITY OF
CARMEL
ACTION
On April 8, 2015, citing the need to get a handle on a range of issues associated with unmanagedfires on Carmel Beach, the City approved a CDP for a Beach Fire Management Pilot Program(Program). The Program included the broad elements of beach fire management, includinginstallation of 26 fire rings, maintenance provisions, signage requirements, and conceptualstandards by which to evaluate the effectiveness of the Program. Commission staff commentedon the program, recommending that it be adjusted to provide additional detail (including in termsof the type, size, and design of the fire rings; the timing on seasonal removal/restoration of therings; maintenance provisions; public education; and monitoring requirements – see Exhibit 11).The Planning Commission’s approval of the Program was appealed to the City Council, and theCity Council ultimately upheld the Planning Commission’s approval on May 5, 2015. Notice of
the City’s action on the CDP was received in the Coastal Commission’s Central Coast DistrictOffice on May 12, 2015 (see Exhibit 3). The Coastal Commission’s ten working day appeal period for this action began on May 13, 2015 and concluded at 5 p.m. on May 27, 2015. Onevalid appeal (see Exhibit 4 and also below) was received during the appeal period.
D. PROJECT DESCRIPTION
The City approved a three-year CDP for their Beach Fire Management Pilot Program thatincludes evaluation of one full summer season as a means to inform improved beach firemanagement on Carmel Beach. The City-approved Program includes installation of 26 seasonalfire rings at various locations adjacent to the beach access stairways and in the coves between
Tenth Avenue and Martin Way, with all fire rings located south of Tenth Avenue and at least 25feet from the toe of the bluff. According to the conditions of approval, the fire rings would be putinto place in the spring or summer and removed during the winter months when high tidesapproach to within ten feet of the fire ring or when beach scour threatens to undermine the firerings. The City’s approval also includes site preparation prior to installation (i.e., beach raking),signage regarding beach fire rules, maintenance provisions for the fire rings, funding for a publiceducation and enforcement officer, allowance of user-supplied gas or propane devices, anddistribution of additional portable wood-burning devices for peak holidays and weekends. Theapproved Program also envisions quantitative measuring of outdoor air quality including the useof monitoring devices to determine baseline conditions and associated impacts from wood- burning beach fires. The approved Program is intended to be adaptive in nature to provide the
flexibility to modify its parameters in response to new data and information acquired during thePilot Program’s three-year timeframe. See Exhibit 3 for the City’s Conditions of Approval andExhibit 2 for site area photos.
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E. APPEAL PROCEDURES
Coastal Act Section 30603 provides for the appeal to the Coastal Commission of certain CDPdecisions in jurisdictions with certified LCPs. The following categories of local CDP decisionsare appealable: (a) approval of CDPs for development that is located (1) between the sea and thefirst public road paralleling the sea or within 300 feet of the inland extent of any beach or of the
mean high tide line of the sea where there is no beach, whichever is the greater distance, (2) ontidelands, submerged lands, public trust lands, within 100 feet of any wetland, estuary, or stream,or within 300 feet of the top of the seaward face of any coastal bluff, and (3) in a sensitivecoastal resource area; or (b) for counties, approval of CDPs for development that is notdesignated as the principal permitted use under the LCP. In addition, any local action (approvalor denial) on a CDP for a major public works project (including a publicly financed recreationalfacility and/or a special district development) or an energy facility is appealable to theCommission. This project is appealable because it involves development that is located on the beach and between the sea and the first public road paralleling the sea.
The grounds for appeal under Section 30603 are limited to allegations that the development does
not conform to the certified LCP or to the public access policies of the Coastal Act. Section30625(b) of the Coastal Act requires the Commission to conduct the de novo portion of thehearing on an appealed project unless a majority of the Commission finds that “no substantialissue” is raised by such allegations. Under Section 30604(b), if the Commission considers theCDP de novo and ultimately approves a CDP for a project, the Commission must find that the proposed development is in conformity with the certified LCP. If a CDP is approved for a projectthat is located between the nearest public road and the sea or the shoreline of any body of waterlocated within the coastal zone, Section 30604(c) also requires an additional specific finding thatthe development is in conformity with the public access and recreation policies of Chapter 3 ofthe Coastal Act. This project is located between the nearest public road and the sea, and thus thisadditional finding would need to be made if the Commission approves the project following a de
novo hearing.
The only persons qualified to testify before the Commission on the substantial issue question arethe Applicants (or their representatives), persons opposed to the project who made their viewsknown before the local government (or their representatives), and the local government.Testimony from other persons regarding substantial issue must be submitted in writing. Any person may testify during the de novo CDP determination stage of an appeal.
F. SUMMARY OF APPEAL CONTENTIONS
The Appellant contends that the City-approved project raises LCP conformance issues and
questions with respect to visual resources/community character, public safety, public access, andair and water quality policies. The Appellant contends that installation of fire rings will alter thenatural and informal setting and character of the beach environment, and also contends that theLCP prohibits the construction of substantial or permanent structures on the beach. TheAppellant further contends that the fire rings are not visually compatible with the beachenvironment and will result in a degradation of visual resources. The Appellant also contendsthat installation of fire rings may create obstacles and/or hazards obstructing public access, andthat the rings will also become a receptacle for trash, which will ultimately end up in Carmel
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Bay. And finally, the Appellant contends that the City rushed its approval of the Pilot Program,which did not allow for adequate data collection and verification of perceived impacts beforemoving forward on implementation. See Exhibit 4 for the full appeal text.
G.
SUBSTANTIAL
ISSUE
DETERMINATION
1. Substantial Issue Background
The term substantial issue is not defined in the Coastal Act. The Commission's regulationssimply indicate that the Commission will hear an appeal unless it “finds that the appeal raisesno significant question” (California Code of Regulations, Title 14, Section 13115(b)). In previous decisions on appeals, the Commission has been guided by the following factors inmaking such determinations: (1) the degree of factual and legal support for the localgovernment’s decision that the development is consistent or inconsistent with the certified LCPand with the public access policies of the Coastal Act; (2) the extent and scope of thedevelopment as approved or denied by the local government; (3) the significance of thecoastal resources affected by the decision; (4) the precedential value of the local government’s
decision for future interpretation of its LCP; and (5) whether the appeal raises only localissues, or those of regional or statewide significance. Even where the Commission choosesnot to hear an appeal, Appellants nevertheless may obtain judicial review of the localgovernment's coastal permit decision by filing a petition for a writ of mandate pursuant to Codeof Civil Procedure, Section 1094.5
In this case, for the reasons discussed further below, the Commission determines that the PilotProgram approved by the City presents a substantial issue.
2. Substantial Issue Analysis
The first Substantial Issue factor – the degree of factual and legal support for the local
government’s decision that the development is consistent or inconsistent with the certified LCPand with the public access policies of the Coastal Act – is the controlling factor here and furtherdiscussed below specifically in relation to relevant LCP and Coastal Act policies.
Scenic/Visual and Community CharacterThe Appellant contends that the project is inconsistent with the LCP’s visual resource andcommunity character policies. Specifically, the Carmel LCP Land Use Plan (LUP) specifies thatnew development shall be sited to protect views to and along the coast (LUP Policy P5-48). TheLCP also calls for the protection and enhancement of the unique and natural beauty of Carmel,including, but not limited to, biological resources, water resources, and scenic routes andcorridors (LUP Policy G5-3). The LCP also states that development must be visually compatiblewith the natural beach environs and consistent with the established design of existing features(LUP Policy O4-6). Finally, the LCP requires designated open space lands, the Monterey pineforest, beach and shoreline, and sensitive habitats and hillside areas to be protected andenhanced.18
The Appellant contends that the City-approved Beach Fire Management Pilot Program andinstallation of fire rings along Carmel Beach will degrade views of the beach and be
18 See the “Scenic and Visual Resource” section in the de novo findings below for the full text of these LCP provisions.
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incompatible with the natural beach environs and the established design of existing features.Although the City authorized the use of fire rings on Carmel Beach, the specific fire rings to be put on the beach were not defined at the time of the City’s May 5, 2015 final approval. Carmel’sshoreline with its signature white sand, dune-like back-beach, golden granite seawalls, and backdrop of Monterey pine and cypress trees is highly scenic and recognized the world over.
Ordinary concrete fire rings (or some other as yet determine style) could almost detract from anddegrade the natural beauty of the beach and shoreline. The City’s approval did not adopt aspecific design, material, color, or size of fire rings. Absent additional fire ring detail, it is notclear that the City-approved project can be found LCP consistent in this regard. For thesereasons, the City’s approval raises a substantial LCP conformance issue with respect to thevisual, scenic, and community character policies of the certified Carmel LCP.
Public Access/SafetyThe Appellant contends that the fire rings will create obstacles to free and unfettered recreationalactivity on Carmel Beach. The Appellant similarly claims that the fire rings may become buriedin the sand, which could create a trip hazard for beachgoers, or that the fire rings could be sweptout into the surf zone where they could injure surfers and swimmers. The City’s LCP requiresdevelopment to minimize risks to life and property, and to ensure stability and structural integrityover the life of the project (LUP Policy G5-1). 19 The LCP also requires that maximum publicaccess to and recreational use of the beach be provided and protected (LUP Policy G4-1). TheLCP also states that a wide variety of active and passive recreational experiences shall beavailable for all beach users while protecting the resource values of the beach environs (LUPPolicy G4-4). The LCP specifically provides for beach fires for warmth and cooking alongCarmel Beach (LUP Policy O4-10 and Implementation Plan (IP) Section 17.20.20E) withspecific provisions on timing and location (LUP Policy P4-57 and IP Section 17.20.20D). Lastly,the LCP requires that lower cost recreational facilities be protected and encouraged and, wherefeasible, provided with a preference for public recreational opportunities (LUP P4-62).20
The City’s approval includes the general location of where the fire rings will be installed (i.e.,adjacent to the beach access stairways and in the coves on Carmel Beach). However, fire rings placed too close to public access points could interfere with ingress and egress onto the beach.More specific mapping of the locations of the fire rings would ensure that they do not impede public access. In addition, it is not clear how the City arrived at providing 26 fire rings, and itis not clear whether that number appropriately addresses beach fire demand and needs,including given there are currently no limits on such fires. Furthermore, the City’s approvallacks detail on when and under what circumstances rings would be removed from the beach,and whether fires on the beach would be allowed at those times (thus having the effect of prohibiting fires altogether during that time period).
In terms of safety, the City’s approval calls for development of an adaptive managementstrategy for seasonal removal and replacement of the fire rings when they become threatened by storm-generated beach scour. The approval also calls for regular maintenance of the firerings to ensure that, in addition to removal of ash and debris, the rings are appropriately andsafely positioned such that they do not become buried and create a hazard to beachgoers.
19 See the “Hazards” section in the de novo findings below for the complete text of Policy G5-1.20 See the “Public Access” section in the de novo findings below for the full text of these LCP provisions.
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However, the City’s approval of the Pilot Program did not include specificity with respect tothe timing of fire ring removal to avoid displacement of the fire rings by storm surge. Thesemanagement measures had not yet been developed when the City approved the Pilot Program.
As such, the project raises a substantial issue regarding LCP consistency with LCP and CoastalAct access and recreation policies, including those that relate to safety and the ability of the public to have and maintain a beach fire on Carmel Beach.
Air and Water QualityThe Appellant contends that the project is inconsistent with the LCP’s resource protection policies including those designed to protect air and water quality. The project is located onCarmel Beach adjacent to Carmel Bay, which is an Area of Special Biological Significance(ASBS).21 As approved, the project would prohibit wood fires from direct contact with the sandand require them to be in fire containment devices (i.e., fire rings), which would be serviced andmaintained on a regular schedule with proper disposal of the ash and any debris. However, thedetails of the maintenance program were not defined in the City’s approval. The present regimerelies solely on the natural cycle of winter wave scour to remove the ash and debris from the beach and to redeposit “clean” sands during spring. Though this is sometimes an effective meansto cleansing the beach, it also results in embers, charcoal, trash, and other constituents enteringthe sensitive marine environment.
The City’s LCP includes provisions to protect the biological productivity of coastal waters andincludes specific protections for the Carmel Bay ASBS ( LUP Policies P5-184 and O5-43).22 Theapproved Pilot Program allows fires in a maximum number of 26 fire rings only, accompanied by regular maintenance of the fire rings, which will largely eliminate the amount of ash and othermaterial entering the marine environment, and will result in an improvement of water quality,consistent with the provisions of the LCP. As such there is no substantial issue with respect toconformance with the water quality provisions of the LCP.
With regard to air quality, the certified LCP provides no specific guidance or standards but thereis broad language in the LCP with respect to providing public access in a manner that protectsthe resource values of the beach environs and is consistent with environmental protection (LUPPolicies G4-1, G4-3, and G4-4).23 Within the context of beach fires, it would seem appropriatethat these provisions would extend to the protection of air quality. The Appellant’s contention isnot so much that the project would somehow degrade air quality but rather that the City has notdone its due diligence in establishing that there is an air quality problem associated with beachfires that necessitates the approval of the Pilot Program.
The City’s approval was intended to address problems associated with unmanaged beach fires,
including the perceived discoloring of the beach sand, public safety, and potential impacts to air
21 “Areas of Special Biological Significance” include 34 ocean areas in California monitored and maintained for water quality bythe State Water Resources Control Board. ASBS’s cover much of the length of California's coastal waters. They support anunusual variety of aquatic life, and often host unique individual species. ASBS’s are the basic building blocks for a sustainable,resilient coastal environment and economy.
22 See the “Water Quality” section in the de novo findings below for the full text of these water quality provisions.23 See the “Public Access” section in the de novo findings below for the full text of these provisions.
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and water quality. Regarding air quality, the City based much of its decision on two months ofdata collected during the summer when visitation is high and there are often many fires on the beach, especially on weekends and holidays.24 However, there are other busy holiday periodsand certainly different climatic conditions at other times of the year that have not been fullyevaluated. To fully understand what is occurring at Carmel Beach in terms of air quality and in
order to reach a clear conclusion on a management strategy, a much larger dataset would beappropriate. Unfortunately, the data is not available and due to implementation of an UrgencyOrdinance that bans beach fires Friday through Sunday and on all holidays,25 a full dataset at thistime cannot be collected. Anecdotal evidence suggests that managing beach fires and placinglimits on the numbers of fires allowed at any one time should result in improvements to airquality. However, lacking detail on the program it is not clear whether the City’s approval strikesthe appropriate balance of maximizing public access while also protecting the resource values ofthe beach and the environment, including with respect to air quality.
Accordingly, the approved project raises a substantial issue with respect to conformance with theLCP’s resource protection policies as these policies relate to air quality.
3. Substantial Issue Conclusion
In its consideration of an appeal, the Commission must first determine whether the projectraises a substantial issue of LCP conformity, such that the Commission should assert jurisdiction over a de novo CDP for such development. As described above, the Commissionhas been guided in its decision of whether the issues raised in a given case are “substantial” bythe following five factors: the degree of factual and legal support for the local government’sdecision; the extent and scope of the development as approved or denied by the localgovernment; the significance of the coastal resources affected by the decision; the precedentialvalue of the local government’s decision for future interpretations of its LCP; and, whether theappeal raises only local issues as opposed to those of regional or statewide significance. In this
case, these five factors, considered together, support a conclusion that this project does, in fact,raise a substantial issue of LCP conformance.
First, as detailed in the substantial issues findings above, the City’s conclusion that, asconditioned, the approved Pilot Program is consistent with the certified LCP and would nototherwise have adverse impacts to coastal resources is not well supported by the record becauseof a lack of specificity with respect to the types of fire rings, their locations, and managementmeasures – thus raising a substantial issue with respect to project consistency with LCP visualresources/community character, public safety/hazards, public access, and water and air quality policies (and Coastal Act public access policies). Second, the approved project is for a beachfire management program affecting public recreational facilities on a public beach designated as
parks and open space. Thus, the extent and scope of this project weigh in favor of a finding ofsubstantial issue. Third, the approved development includes management of beach fires onCarmel Beach affecting public access and recreation facilities, including an LCP-protectedrecreational activity, air and water quality issues, scenic resources, public safety, and hazards.Thus, significant coastal resources are expected to be affected by this approval, further
24 See De Novo findings that follow for more detail regarding the City’s monitoring data.25 See “Background” section in the de novo findings that follow for more detail.
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weighing in favor of a substantial issue. Fourth, given the resources involved and theinconsistencies with Coastal Act and the certified LCP policies, a finding of no substantial issuewill create an adverse precedent for future interpretation of the LCP. Finally, the project raisesissues of regional and statewide significance as it effects elements of public recreational access(i.e., beach fires), which both the LCP and Coastal Act are mandated to maximize and protect,
and for which there aren’t many alternative locations to participate in. Carmel is only one oftwo coastal communities in Monterey County where beach fires are allowed and thus the loss ofthem could have far reaching consequences regionally and for management of similar activitiesup and down the state.
Therefore, all five factors weigh in favor of a finding that the City’s approval raises substantialLCP conformance issues with respect to consistency and protection of scenic and visualresources, community character, public access, hazards, and coastal resources (i.e., air quality).Given that the record does not support the City’s action and the City’s approval includes a project with significant coastal resource impacts, fails to comply with applicable LCP provisions, and raises statewide issues, the Commission finds that the appeal raises a substantialissue of conformance with the LCP and takes jurisdiction over the CDP application for the proposed project.
H. COASTAL DEVELOPMENT PERMIT DETERMINATION
The standard of review for this CDP determination is the City of Carmel-by-the-Sea certifiedLCP and, because it is located between the first public road and the sea, the access and recreation policies of the Coastal Act. All Substantial Issue Determination findings above are incorporatedherein by reference.
1. Background
Beach Fire Management Pilot Program DocumentOn May 12, 2015, approximately one week after the City Council took a final action andapproved a CDP for the Pilot Program, City planning staff prepared a program document (seeExhibit 6 for the “Beach Fire Management Pilot Program” document) that identifies in moredetail the various elements of the Pilot Program, including greater detail on the size and designof the fire rings, maintenance requirements, monitoring and reporting of air quality data, seasonaladaptation provisions, and an allowance for additional portable fire ring devices during peak periods and holidays. 26 The document specified that the fire rings were intended for use with“clean” and untreated wood and charcoal only. The document also included an allowance foruser-supplied portable propane devices year-round in the Program area (i.e., south of Tenth
Avenue). The Beach Fire Management Pilot Program document itself, however, was notformally approved by the City, though the basic tenets (but not the specific details) of thedocument had been previously approved by the Planning Commission and upheld by the CityCouncil, and forwarded to Commission staff as the actual program that would be implemented by the City to address the issues raised by unmanaged beach fires. Implementation of the Pilot
26 During the City’s local review process regarding the proposed Pilot Program, Commission staff had repeatedly requested thatthe Pilot Program include greater detail on these program components (see Exhibit 11).
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Program as defined in the Program document never took place because the City’s approval wasappealed to the Commission, and since the appeal was filed, the City decided to pursue a beachfire alternative that does not include any wood-burning fires on Carmel Beach. However, theCity never rescinded its approval of CDP MP 15-100, the CDP that is the subject of this appeal.
Additional City Actions Since AppealSince approving CDP MP 15-100 for the Beach Fire Management Pilot Program and the City’sapproval being appealed to the Commission, the City determined that it needed to take additionalaction to address perceived problems associated with fires at Carmel Beach.
Citing data collected from an air quality sensor located near the beach at 13th Avenue, the Citydeclared an air quality emergency requiring immediate action. On August 6, 2015, the Cityissued an Urgency Ordinance pursuant to Government Code § 65858 placing a 45-daymoratorium on beach fires on weekend nights (Friday through Sunday) and on holidays (seeExhibit 8 for the text of the ordinance).27 The Urgency Ordinance became effective on theweekend of August 7, 2015 and was to expire on Sunday, September 20, 2015. Signage wasinstalled in the Del Mar parking lot and all along Scenic Road indicating that beach fires were
prohibited from Friday through Sunday and on holidays. More than 30 signs were installed (seeExhibit 10 for photographs of the signs and the sign language). The City also put in place at leasttwo peace officers to enforce the moratorium on fires during what normally would be the busiestvisitor period of the year. The moratorium on beach fires did not extend to fires during the week(Monday through Thursday) or weekend fires associated with permitted special events. The Cityissued an emergency coastal development permit authorizing the 45-day moratorium on beachfires. It too was valid through September 20, 2015.
On September 2, 2015, the City Council extended the Urgency Ordinance for an additional 10months and 15 days (i.e., through early August 2016), again pursuant to Government Code §65858(a). While the City’s action authorized the extension of the Urgency Ordinance, the City
did not issue a follow up regular CDP to authorize the initial 45-day emergency authorization toextend the moratorium beyond the initial 45-day emergency authorization, as required by theLCP and Coastal Act. As of the date of this report, the moratorium on fires Friday throughSunday and on all holidays remains in place and is being enforced by the City.28
The City has subsequently indicated a desire to eliminate wood fires on the beach entirely (i.e.,seven days a week, 365 days a year). The City points to potential health concerns associated withsmoke and particulates emanating from burning wood as the rationale for a total prohibition ofwood fires on the beach (whether in a fire ring or directly in the sand). On November 3, 2015 theCity Council had a first reading of an ordinance declaring beach fires a public nuisance. Theordinance specifically declares that the use of hibachis and charcoal grills on the beach, as well
as wood-burning beach fires, are a public nuisance, but provides an exception for propane fireswithin an appropriate container. The City contends that propane fires are cleaner burning thanwood fires and thus appropriate for use on Carmel Beach. The City, however, has not taken anaction to rescind its CDP approval of the Pilot Program that is the subject of this CDP appeal,
27 An urgency ordinance has no particular status under the Coastal Act or the LCP, and cannot of itself authorize developmentnor modify LCP provisions.
28 The City’s action to install signs and enforce a moratorium that is not authorized by CDP is being tracked by the Commissionas a violation (see also “Violation” section that follows).
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nor has the City taken an action on a CDP to approve a propane-only program. To date, the Cityhas not yet calendared the second reading on the public nuisance ordinance.
Air Quality IssuesIn making its decisions relative to beach fires, the City has relied in part on data collected by theMonterey Bay Unified Air Pollution Control District (MBUAPCD)29 in concert with the City.The City has declared that there are high levels of fine particulate matter (PM2.5)30 in beach firesmoke presenting substantial air quality impacts during peak fire use periods. The City alsocontends that the excessive number of wood beach fires during peak use periods is causing a risein PM2.5 concentrations that at times exceeds air quality standards and creates an immediate potential public health hazard.
Commission staff, including staff Ecologist Dr. Laurie Koteen, researched recent studies on thehealth effects of PM2.5. The literature indicates that there are strong correlations between PM2.5and adverse health effects in humans. These include increased rates of pulmonary andcardiovascular morbidity and mortality. Adverse health effects have been found for short-termacute exposures to high particulate concentrations, and long-term health impacts can also result
from sustained exposure to elevated particulate levels. Particularly vulnerable populationsinclude children, those with chronic ailments, such as asthma or cardiovascular disease, and theelderly. Particulate matter is also associated with reduced visibility, and can form haze whensunlight encounters tiny pollution particles. Indeed, reducing PM2.5 is a primary public healthand environmental protection endeavor.
In order to assess whether PM2.5 concentrations at Carmel Beach are at levels harmful tohumans rising to an emergency level, Dr. Koteen reviewed PM2.5 data provided by theMBUAPCD, and relied on the standards established by the state and federal EnvironmentalProtection Agencies (EPA). EPA establishes an enforceable standard and hourly guidelines for particle pollution. The MBUAPCD provided Dr. Koteen with one-hour and 24-hour average data
collected from the 13th Avenue air quality monitoring station in Carmel. The 24-hour data is theonly data for which enforceable federal standards exist under the Clean Air Act.31 Dr. Koteenfound that, based on the 24-hour data, these enforceable daily standards for PM2.5 wereexceeded on only one occasion, Sunday, September 20, 2015. This exceedance occurred during a period when the ban on weekend fires was being enforced and thus the exceedance could not beattributed to wood fires on Carmel Beach. There were however, two large wildfires burning inMonterey County that were likely the cause of this air quality exceedance.
Notably, in assessing the one-hour data, Dr. Koteen found that there were occasions wherePM2.5 exceeded the recommended guidelines for hourly concentrations. PM2.5 concentrationsexceeded hourly guidelines for sensitive individuals during 13 individual hours in the months of
May, June, July, and through early August. On July 4th, a day in which beachgoers lit at least
29 From an air quality monitoring station located in the backyard of the house located at the corner of Scenic Drive and 13thAvenue, inland of the beach area where beach fires are allowed.
30 Particulate matter is a generic term for particles suspended in the air, typically as a mixture of both solid particles and liquiddroplets. PM 2.5 is particulate matter with a diameter that is 2.5 micrometers and smaller.
31 In other words, although the EPA has also provided guidelines (discussed below) for use in assessing and responding to airquality concerns based on the 1-hour data, potential violations of the Clean Air Act are limited to times when the PM2.5exceeds 35μg/m3 when averaged over 24 hours.
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135 fires in the evening hours,32 PM2.5 concentrations rose into the unhealthy zone for twohours as measured at the 13th Avenue monitoring station. Overall, however, the one-hour PM 2.5counts as measured at the 13th Avenue station fall generally into the “good” category 98% of thetime suggesting that, while air quality is a concern on some occasions, there is not an air qualityemergency occurring at Carmel Beach.
Dr. Koteen further observed a correlation between fire occurrence and PM2.5 concentration andfound that all of the “highest” PM2.5 episodes occurred on weekends, especially Saturday nights.The City data showed that on average there were 46 fires on Saturday nights, while only 22 fireson average Friday and Sunday nights. A statistical analysis of the data further confirmed therelationship by indicating a strong correlation between the numbers of beach fires and higherPM2.5 concentration.
As discussed above, the State and Federal Clean Air Acts identify the PM2.5 standard abovewhich a violation occurs, namely when PM2.5 concentrations exceed 35μg/m3 when averagedover 24 hours.33 The EPA also pr ovides guidelines for air quality under their Air Quality Index(or AQI). As indicated by EPA:34
The AQI is a nationally uniform index required for reporting and forecasting daily air qualityin large urban areas. It is used to report information about the most common ambient air pollutants, including particulate matter. The AQI tells the public how clean or polluted theair is using standard descriptors (Good, Moderate, Unhealthy for Sensitive Groups,Unhealthy, Very unhealthy, and Hazardous). This index converts sometimes difficult-to-interpret particulate mass per volume (μg/m3) numbers to an AQI category and number moreeasily understood by the public.
The AQI is meant to be readily understood by the public. In addition, although Clean Air Actstandards are in relation to 24-hour data, the AQI also provides information relative to other
averaging time. As EPA states:
One issue that public health officials may face is which averaging time to use when reporting smoke levels to the public. The AQI for particulate matter is based on predicted or measured24-hour average concentrations. However, using the 24-hour average does not adequatelyaddress very high, but short-term, peaks often associated with wildfire smoke. Healthofficials would like the public to reduce their exposure during these peaks because suchtransient pollutant spikes may cause some of the most serious health effects. Moreover, the public wants information to help make immediate decisions about whether to exercise,conduct athletic practice, or keep children indoors. On the other hand, several hours of veryhigh levels may drive up the predicted 24-hour average; but the smoke may clear enough to
safely allow outdoor activities. In addition, the 24-hour average does not mesh well with public perception. Since smoke is so effective at scattering light, visibility changes drasticallyas smoke concentrations increase. Even without being told, the public can tell when the
32 The City provided counts on the number of weekend beach fires during a five week period beginning in late June andconcluding at the end of July 2015. Data provided by the City indicates there were upwards of 135 beach fires on July 4, 2015at 8:30 p.m.
33 Units are in micrograms per meter cubed, µg.m-3. 34 Revised Air Quality Standards for Particle Pollution and Updates to the Air Quality Index (US EPA December 14, 2012).
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smoke is getting worse, and they want authorities to respond to changes as they arehappening.
Therefore, EPA’s AQI also provides information related to shorter averaging, including 1-hourdata. EPA provides the following caution with respect to this information:
Table 3 [Recommended Actions for Public Health Officials] provides guidance to publichealth officials regarding measures that can be taken to protect public health at different AQIcategories and the corresponding PM levels for several averaging times. This information isintended to help health officials, the media, and the general public make decisions regardingappropriate strategies to mitigate exposure to smoke. As noted above, the official AQI value for particulate matter is derived exclusively from estimated or measured 24-hr averageconcentrations: this AQI for PM2.5 is reported by the media. PM levels for shorter averagingtimes in Table 3 are therefore not “official” AQI values, but have been mathematicallyderived from the AQI breakpoints for 24-hr concentrations. Although Table 3 also providesthe AQI numerical ranges encompassed by the standard descriptors, of “Good,”“Moderate,” and so forth, it is possible that concurrent publication of both the AQI numbers
and the μg/m3 concentrations to describe air quality may lead to confusion among membersof the public. To avoid such confusion, it may be preferable to publish just the AQI values.
There are no directly relevant epidemiological or controlled human exposure studies thatoffer guidance in the selection of particulate matter levels with averaging times less than 24hours, in part because studies of short-term effects of particles generally have not beenconducted and in part because the toxicity of smoke is related to gaseous as well as particulate components. However, these short-term levels (1- to 3-hr and 8-hr averages)were derived from the PM2.5 AQI levels, which are based on a strong body ofepidemiological evidence associating 24-hour PM2.5 exposures with respiratory andcardiovascular morbidity and mortality.
The data collected by the City and MPUAPCD was provided to the Commission in relation toAQI values for both 24-hour and 1-hour averages. This data showed values from the “Good”AQI category through the “Unhealthy” category (i.e., none of the values exceeded the“Unhealthy” category to extend into the “Very Unhealthy” or Hazardous” categories). TheAQI’s “Recommended Actions for Public Health Officials” and “Health Effects and CautionaryStatements” are presented in relation to the values provided (i.e. from Good through Unhealthy)in the table below.
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Table 1
AQI
Category
PM2.5
1-hourAverage
(in ug/m3)
PM2.5
24-hourAverage
(in ug/m3)
Health Effect Cautionary Statements 35 Other Protective Actions
Good 0-38 0-12 None Expected None None
Moderate 39-88 12.1-35.4 Possibleaggravation of heartor lung disease
Unusually sensitive individuals shouldconsider limiting prolonged or heavyexertion.
People with heart or lung diseaseshould pay attention to symptoms.
If you have symptoms of lung or heartdisease, including repeated coughing,shortness of breath or difficulty
breathing, wheezing, chest tightnessor pain, palpitations, nausea, unusualfatigue or lightheadedness, contactyour health care provider.
If symptomatic, reduce exposure to particles by following advice in box below.
Unhealthy
for
Sensitive
Groups
89-138 35.5-55.4 Increasinglikelihood ofrespiratory orcardiac symptomsin sensitiveindividuals,aggravation of heartor lung disease, and
premature mortalityin persons withcardiopulmonarydisease and theelderly.
Sensitive Groups: People with heart orlung disease, the elderly, children, and
pregnant women should limit prolonged or heavy exertion.
Limit time spent outdoors.
Avoid physical exertion.
People with asthma should followasthma management plan.
If you have symptoms of lung or heartdisease that may be related to excesssmoke exposure, including repeatedcoughing, shortness of breath ordifficulty breathing, wheezing, chesttightness or pain, heart palpitations,nausea, unusual fatigue orlightheadedness, contact your healthcare provider.
Keep doors and windows closed, seallarge gaps as much as possible.Avoid using exhaust fans (kitchen,
bathrooms, clothes dryer, and utilityroom).Keep the garage-to-home door closed.If cooling is needed, turn airconditioning to re-circulate mode inhome and car, or use ceiling fans or
portable fans (but do not use wholehouse fans that suck outdoor air intothe home).Avoid indoor sources of pollutants,including tobacco smoke, heating withwood stoves and kerosene heaters,frying or broiling foods, burningcandles, vacuuming, and using paints,solvents, cleaning products, and
adhesives.Keep at least 5-day supply ofmedication available.Have supply of non-perishablegroceries that do not require cooking.
Unhealthy 139-351 55.5-150.4 Increasedaggravation of heartor lung disease and
premature mortalityin persons withcardiopulmonarydisease and theelderly; increasedrespiratory effectsin general
population.
Sensitive Groups: should avoid prolonged or heavy exertion
Stay indoors; avoid exertion.
General Population: should limit prolonged or heavy exertion
Limit time spent outdoors.
If you have symptoms of lung or heartdisease that may be related to excesssmoke exposure, including repeated
coughing, shortness of breath ordifficulty breathing, wheezing, chesttightness or pain, palpitations, nauseaor unusual fatigue or lightheadedness,contact your health care provider.
Sensitive Groups:Stay in a “clean room” at home(where there are no indoor smoke or
particle sources, and possibly an aircleaner is used).Go to a “cleaner air” shelter (seeAppendix D) or possibly out of area
General Population: Follow advice forsensitive groups in box above.Identify potential “cleaner air”
shelters in the community (seeAppendix D).
35 Where higher advisory levels automatically incorporate all of guidance offered at lower levels.
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In sum, a total of 140 days have been monitored by the MPUAPCD and the City. Data from thesmoke monitor shows that there was one exceedance of the federal EPA 24-hour standard whichoccurred on a day when wood beach fires were banned. Data from this monitor also shows thatPM2.5 levels are fairly constant during the week, and generally increase on weekends, with‘spikes’ in PM2.5 levels roughly corresponding to spikes in the numbers of beach fires. Based on
the EPA’s AQI guidelines detailed above, the monitored PM2.5 levels have predominantly falleninto the “good” air quality category (98% of the measured 1-hour averages), but there areinstances when the ‘spikes’ have fallen into the “moderate” air quality category (1.3%), and eventimes where the data indicates “unhealthy”36 air (0.7%) (see Exhibit 7). Thus, and although thereis a need for more robust data collection and development,37 it is clear that the monitor hasidentified some PM2.5 levels that extend into unhealthy ranges, and it is clear that there is an airquality problem to which beach fires appear to contribute that needs to be understood andaddressed.
At the same time, it is also clear that the vast majority of the time the PM2.5 values were in the“good” range, a range that EPA has found under the Clean Air Act to have no expected healtheffects, and for which EPA prescribes no cautionary statements nor other protective actions (seeabove). That is not to say we should not be concerned with such levels, or the more limited timeswhen air quality ventured into the moderate category, or the very few times it went into theunhealthy categories. Rather it is to help understand the relative degree of the problem so as to beable to understand how best to address it. In other words, it is clear there is an air quality issue,and it appears clear that the numbers of fires on Carmel Beach do influence the particulate matterconcentrations in the surrounding airshed. However, the data does not suggest that a moratoriumon weekend beach fires was warranted to protect public health and safety, nor does the datasupport the City’s position that a complete ban on wood fires is necessary. The data does suggest,however, that managing beach fires including by capping the number of fires that may take placeon the beach at any one time, is defensible and likely to result in a reduction of the higher PM2.5episodes occurring during peak beach use periods.
Revised Project DescriptionSince approving a CDP for the development of a Beach Fire Management Pilot Program and thesubsequent filing of the appeal of said Pilot Program analyzed in the “Substantial Issue” sectionabove, the City has decided to change its proposed Pilot Program entirely. The City hassubmitted for Commission review a revised proposal on a Program that would prohibit wood- burning altogether, and would only allow propane fires on Carmel Beach. Based on a revisedBeach Fire Management Pilot Program document submitted to the Commission on November17, 2015 (see Exhibit 5), all wood fires would be prohibited on Carmel Beach. This includes a prohibition on fires used for warmth and fires used for cooking, such as charcoal-fueled fires,whether directly on the sand or in a hibachi or grill. Wood fires would be replaced with propane-
fueled devices that would be required to be supplied by beachgoers and the City.
36 In terms of the 24-hour average, the monitor found PM2.5 concentrations to be at 35.3 one time, and thus in the EPA’s“Unhealthy for Sensitive Groups” category. This occurred during a period when the ban on beach fires was in effect. For the 1-hour average, the monitor recorded PM2.5 concentrations in the “Unhealthy for Sensitive Groups” category (6 times/13 hours)and the “Unhealthy” category (1 time/2 hours).
37 As indicated above, the single monitor is located in a residential backyard inland of Scenic Drive, and it does not collect thetype of meteorological data to be able to conclusively demonstrate where the smoke of coming from (e.g., in relation to windetc.). In addition, the City lacks baseline data against which to compare the current data.
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The City has compiled a short list of propane fueled devices available for purchase by the publicfor their personal use on Carmel Beach. Beachgoers with their own device would be allowed tohave a beach fire from 7 a.m. to 10 p.m., seven days a week year-round. User-supplied deviceswould be allowed south of Tenth Avenue and must be at least 25-feet from the base of the bluff.
Additionally, the City has identified two potential options for six propane-only fire rings that theCity would purchase and make available on a first-come, first-serve basis for use on CarmelBeach and which cannot be reserved or held in advance by the general public, except byindividuals or groups in association with the issuance of a special events permit (fee required)from the City and in accordance with the City’s special events policies. Both City-sponsoredoptions are kettle-style steel containment devices that range from 30 – 48 inches in diameter,which would be located adjacent to the beach access stairs at 10th, 11th, 12th, and 13th Avenues,and Santa Lucia Avenue. The City indicates that the six propane-only fire rings would be partially buried in sand and secured in place. The propane tanks for the six fire rings would also be stored on the beach and secured via a chain. Beach fires in the City-sponsored fire ringswould be allowed only from one hour before sunset to 10 p.m., seven days a week throughout theyear.
The propane-only program also includes objectives such as monitoring of air resources and sandquality, hazard avoidance and adaptive measures, provisions for additional devices during peak periods, and refueling of propane tanks, all more fully described in Exhibit 5.
Recent Commission Action on Newport Beach Fire Ring ProposalOn June 11, 2015, the Commission approved CDP 5-14-1213 for a Fire Ring Management Planfor the City of Newport Beach, which allows for 64 fire rings available to the public, including amix of wood-burning and charcoal-only fire rings. Historically, fire rings have been on the beaches in the City of Newport Beach since the late 1940s and early 1950s, without a reservationsystem and with no fee charged for fire ring use.
Originally, the City of Newport Beach had applied for a CDP to remove all 60 existing fire ringsfrom the City’s beaches, with the stated intent to prevent potential ill-health effects to beachgoersand nearby residents due to smoke and particulate matter from wood fires within the fire rings(CDP application number 5-12-134). The reasons cited by the City of Newport Beach areessentially identical to the reasons cited by the City of Carmel in this case. When the fire ringissue came before this Commission on March 6, 2013, the City had not provided any air qualitymonitoring data to support its position that wood smoke from the beach fire rings was directlyresponsible for a public health problem. Nor had the City shown that the beach fire rings createsuch negative impacts as to warrant their removal. This is because there are a variety of othersources of smoke, particulate matter, and odors in the beach areas, including private fireplaces,
private outdoor fire rings, barbeques, exhaust from both marine and terrestrial diesel vehicles,vehicles in parking lots, and restaurant equipment vents that contribute to air pollution.Furthermore, a variety of mitigation measures and alternatives could be undertaken, short ofremoving all of the public beach fire rings, that might address any air quality concerns related to beach fires, including reducing the density of the fire rings and enforcing the City’s existing prohibition on burning inappropriate materials such as plastic, trash, pallets, and treated or painted wood in the rings, etc.
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Commission staff recommended denial of CDP application 5-12-134 because removal of all the beach fire rings in Newport Beach would deny the public access to this popular form of lowercost public recreation, and would shift the already high demand for fire rings to other coastallocations, creating new access and recreation demands there. Thus, removal of all the fire ringswould not be consistent with Section 30212.5 of the Coastal Act, requiring public facilities, like
the fire rings, to be distributed throughout an area to mitigate the impacts of overcrowding oroveruse by the public of any single area. However, the City withdrew application 5-12-134 before the Commission could take action.
The Commission’s subsequent approval in June 2015 of CDP 5-14-1213 for 64 fire rings within Newport Beach city limits provides for a total of 40 wood-burning fire rings and 24 charcoal-only fire rings, all available to the public at no cost and on a first-come first-serve basis.Regarding the charcoal-only fire rings, the City proposed these because they create less visiblesmoke and more even heat for cooking. Although the Commission concluded that a charcoal-only fire ring is not equivalent to a traditional wood bonfire (i.e., the charcoal does not provide aflame for more than a few seconds or minutes (unless frequently doused with lighter fluid), thelack of flame means that a flashlight is required after sunset, the heat generated is not as strongas a wood fire, etc.), the Commission found that only 37% of the fire rings would be charcoal-only, which would minimize any adverse impact that the fuel restriction may have on the use offire rings, and would also balance the need to protect the fire rings as existing lower-costrecreational facilities under Coastal Act Section 30213, while complying with the South CoastAir Quality Management District’s (AQMD’s) Rule 444 spacing requirements for wood-burningfire rings, and ensuring that other beach uses and public safety functions can coexist. TheCommission’s approval of CDP 5-14-1213 included, among other things, timing requirementsfor the use of fire rings (i.e., allowed use between 8 a.m. and 10 p.m. daily), submittal of asignage program to inform the public of the allowed uses for the fire rings (while minimizing thesigns’ impacts on public views), submittal of a plan for fire ring management and cleaning, a prohibition of shoreline armoring to protect the fire rings, and conformance with NewportBeach’s Fire Ring Management Plan.
Although the Newport Beach situation does not constitute a controlling standard of review, whenconfronted with similar issues recently in Newport Beach, the Commission struck a balance thatensured continued wood fires in fire rings, and an overall fire management program designed toaddress air quality and other concerns.
2. Public Access and Recreation
Applicable Policies
Coastal Act Section 30604(c) requires that every coastal development permit issued for anydevelopment between the nearest public road and the sea “shall include a specific finding that thedevelopment is in conformity with the public access and public recreation policies of [CoastalAct] Chapter 3.” The proposed project is located seaward of the first through public road andthus such a finding is required. Coastal Act Sections 30210 through 30213 and 30221specifically protect public access and recreation. In particular:
Section 30210. In carrying out the requirement of Section 4 of Article X of the CaliforniaConstitution, maximum access, which shall be conspicuously posted, and recreational
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opportunities shall be provided for all the people consistent with public safety needs and theneed to protect public rights, rights of private property owners, and natural resource areas from overuse.
Section 30211. Development shall not interfere with the public's right of access to the seawhere acquired through use or legislative authorization, including, but not limited to, the useof dry sand and rocky coastal beaches to the first line of terrestrial vegetation.
Section 30212(a) (in relevant part). Public access from the nearest public roadway to the shoreline and along the coast shall be provided in new development except where: … (2)adequate access exists nearby…
Section 30212.5. Wherever appropriate and feasible, public facilities, including parkingareas or facilities, shall be distributed throughout an area so as to mitigate against theimpacts, social and otherwise, of overcrowding or overuse by the public of any single area.
Section 30213. Lower cost visitor and recreational facilities shall be protected, encouraged,
and, where feasible, provided. Developments providing public recreational opportunities are preferred. …
Section 30221. Oceanfront land suitable for recreational use shall be protected forrecreational use and development unless present and foreseeable future demand for public orcommercial recreational activities that could be accommodated on the property is alreadyadequately provided for in the area.
Among the most important goals and requirements of the Coastal Act is the mandate to protect, provide, enhance, and maximize public access and recreational access opportunities to and alongthe coast consistent with strong resource conservation principles. These requirements are echoed
in the City’s certified LUP together with specific protections for the provision of recreational beach fires on Carmel Beach. Both the Coastal Act and LCP also emphasize the protection ofexisting and the provision of new lower-cost recreational facilities. Beach fires are part of a rich,nearly 100-year tradition at Carmel Beach and have been available to the public at no cost withminimal restrictions (e.g., allowed anywhere south of Tenth Avenue and 25 feet from the bluff)for many decades. As such, beach fires are an existing lower-cost recreational facility in the Cityof Carmel.
As stated above, the City’s LUP policies amplify the Coastal Act’s public access and recreationrequirements, and more specifically encourage and protect lower cost public access andrecreational opportunities including beach fires on Carmel Beach:
LUP Policy G4-1. Provide for maximum public access to, and recreational use of, the shoreline consistent with private property rights and environmental protection.
LUP Policy P4-7. Protect the public’s historic right of unrestricted access to the entirebeach in Carmel-by-the-Sea from the southern to the northern city limit by prohibitingdevelopment that interferes with such rights and by actively defending established prescriptive rights. …
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LUP Policy G4-3. Provide adequate facilities that will serve the needs of the public, mitigatedamage to the environment, and respect the neighborhood.
LUP Policy G4-4. Provide for a wide variety of passive and active recreational experiences for all beach users while protecting the resource values of the beach environs.
LUP Policy O4-9. Manage the City’s beach, park, and open space resources in a manner toencourage use and enjoyment by residents and visitors.
LUP Policy O4-10. Allow beach users the opportunity to enjoy a fire for warmth or cooking, while protecting the sand from degradation. [emphasis added]
LUP Policy P4-57. Allow beach fires until 10:00 p.m. south of Tenth Avenue but at least
twenty five feet from the base of the bluff. Install appropriate signage to indicate this distance and time limit and to indicate methods for correct extinguishing of fires withwater. [emphasis added]
LUP Policy P4-62. Lower cost visitor and recreational facilities shall be protected andencouraged and where feasible, provided. Developments providing public recreationalopportunities are preferred.
The Coastal Implementation Plan (IP) further augments the LUP and more specificallyidentifies the standards and guidelines for lighting and maintaining beach fires along CarmelBeach. Importantly, these provisions clearly provide significant LCP detail associated with beach fires, and clearly evince an LCP intent to allow for same. These standards includereferences to “burnable material,” “ash,” “embers,” and “coals,” that are associated withwood fires:
IP Regulations Section 17.20.20.D Location and Time Limits on Beach Fires. No person, firm, corporation or other entity shall build, light, maintain, cause or permit, to be built,lighted or maintained any open or outdoor fire on any public beach designated by the Cityafter the hour of 10:00 p.m. No fires shall be permitted at any time on the slopes leadingthereto within the City. This prohibition is applicable to all that beach and slope area lyingwest of Scenic Road and south of Ocean Avenue to the southern City boundary. No fires shallbe permitted at any time on all that beach and slope area lying west of San Antonio fromOcean Avenue to the northern City boundary. The prohibition against all fires on all thebeach that lies at or below the high tide line shall extend from 10:00 p.m. on the day itcommences until 7:00 a.m. the following day.
IP Regulations Section 17.20.20.E Recreational Fires on Carmel Beach. All fires onCarmel Beach shall meet the following requirements:
1. Beach fires shall be used for cooking or warmth and shall be located on that part of theCity beach property which lies south of an extension of the center line of Tenth Avenueand west of a line reached by the high tide provided that all of the following conditionsare met:
a. The base of the fire shall be defined as the level at which the lowest burnable material
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or ash is located, and it shall be on the beach sand unless the fire is in a hibachi,charcoal grill or other like receptacle, in which case the base shall be a horizontal plane touched by the lowest burning material.
b. The burnable material used in the fire shall not extend more than two feet above thebase of the fire.
c. Flames from the fire shall not extend into the air more than five feet from the base ofthe burnable material in the fire.
d. The longest horizontal straight-line distance through the base of the fire shall notexceed four feet.
e. Flammable liquids other than charcoal starter shall not be used in any manner inconnection with starting or maintaining the fire.
f. No fire shall be built, lit, or maintained on any slope or within 25 feet of any wall,
vegetation or combustible material not intended to be used in the fire.
g. All flammable coals, embers, or burning materials shall be extinguished with seawater by the person or persons building, lighting, or maintaining the fire prior to said person or persons leaving the beach.
h. The extinguished remains of all fires shall be left exposed and not covered with sand.
i. Building, lighting, maintaining or causing or permitting to build, light, or maintain a fire in violation of any of the above conditions shall be an infraction.
j. Penalties: Any person who shall violate any of the provisions of this chapter thatnecessitates the response of the Fire Department shall be guilty of an infraction punishable by a fine of not more than $50 per hour or portion thereof, not to exceed$500.
Analysis
Beach fires are one of the more popular activities enjoyed by the public at Carmel Beach. Fires provide an opportunity for the quintessential Carmel beach experience, including grilling food,toasting marshmallows, telling stories, strumming a guitar, singing songs, celebrating specialoccasions like family reunions, birthdays, weddings, anniversaries, and special events such ascharity and fund raising, films, dinners, surf contests, etc. The importance of preserving thislower-cost recreational facility/activity for the general public cannot be understated, which is
evidenced by the numbers of beach fires that occur on Carmel Beach.
The City collected data on Friday, Saturday, and Sunday nights over a roughly ten-week period between June and August of 2015, including the total number of fires, total numbers of peopleobserved at those fires, as well as data on where the visitors were from. Based on the City’s data,there were 397 fires during 12 recorded weekend days in June 2015 with more than 2,885 persons attending a beach fire in Carmel, with the vast majority – some 80% of people enjoyinga beach fire – coming from outside of Carmel (i.e., 55% were from areas in Monterey County
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other than Carmel, 20% were from other areas in California, and 5% were from other states orother countries). Similar data produced for 12 weekend nights in July 2015 resulted in 509 beachfires, with 2,942 persons attending beach fires, and again over 80% of the people were from outof town (i.e., 60% were from areas in Monterey County other than Carmel, 20% were from otherareas in California, and 1% were from other states or countries). The City’s data indicates that
there were over 130 beach fires on Saturday, July 4
th
alone. However, the person count for themonth of July excludes the July 4th weekend (i.e., July 3rd and 4th) because the number of personson the beach enjoying beach fires was too numerous to count. Finally, for a five-day period at theend of July and in early August 2015, there were 225 beach fires, with 1,714 persons attending beach fires, where more than two-thirds of these attendees were from areas outside of Carmel.Overall during this ten-week period, there were a total of 1,131 beach fires on Carmel Beachwith more than 7,500 persons in attendance, which does not include the numerous uncountedindividuals who attended a beach fire in Carmel on July 3rd and 4th. The vast majority of peopleenjoying these beach fires reside outside of Carmel but travel to Carmel Beach to enjoy a beachfire. Most of them came from other parts of Monterey County, but many others came from other parts of California, and still others came from other states and countries. This data demonstrates
the importance of beach fires at Carmel Beach, not just for local residents, but for visitorsthroughout the county, the state, and beyond.
Beach fires are so popular and in such limited supply both locally and regionally, that visitors onsummer weekends arrive early to get a parking space and stake out a location on the beach tohave a fire later in the afternoon or evening. Groups often leave firewood, chairs, and other beach equipment to “reserve” their spot. Beach users may participate in other beach relatedactivities (e.g., walking, sightseeing, swimming, surfing, etc.) during the day prior to having a beach fire. Summer and early fall months receive the heaviest beach use and by extension,highest demand for beach fires. Anecdotal evidence suggests that there is high demand for beachfires during certain off-peak periods as well. Holidays, such as Thanksgiving and New Year’sDay, also attract large numbers of people to Carmel Beach, which results in a substantial numberof beach fires during those off-season holidays. Also given that California has experiencedseveral exceptionally mild winters over the past few years, the warm temperatures and dryweather conditions have resulted in a noticeable increase in visitation and demand for beach firesat Carmel during the usually off-peak winter season. Accordingly, beach fires at Carmel Beach provide a diverse visitor population, as well as local residents, access to lower-cost visitor andrecreational facilities not only during peak periods, but at all times of the year, weather permitting.
As noted above, the City currently proposes to eliminate wood fires from the beach entirely and put in its place a propane-fueled program consisting of fire rings individually purchased andowned by members of the public and six City-supplied and installed propane fire rings. The City
cites concerns with smoke and odors emanating from wood fires as the primary reason for proposing the switch to propane-only devices. The City-supplied devices would be similar inmany aspects of a typical wood fire ring including size and design, except that it has anadditional element that allows it to be used with propane only. Please see Exhibit 5 for the possible types of propane-only devices that the City is now proposing.
City staff provided web-links to several off-the-shelf propane fire devices that members of the public could purchase for their personal use on the beach, which range in price from $90 - $250
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(not including tax) depending on the device. The two identified devices are 15 and 18 inches indiameter, respectively, and are portable for easy transport. Aside from being small, the devicesare relatively expensive. At a starting price of nearly $100 (with tax), even the less expensiveuser-supplied option could be a significant impediment to this important recreational activity particularly for many low- and moderate-income individuals and families (not to mention the
$250 device, which would be some $275 with tax). Both the certified LCP and Coastal Actrequire that public access and recreational opportunities be maximized ( LUP Policy G4-1;Coastal Act Section 30210) and lower cost recreational facilities protected and, if feasible, provided ( LUP Policy P4-62; Coastal Act Section 30213). A beach fire that requires a minimum$100 investment to participate in cannot be considered a lower cost recreational activity, nor canit be expected to maximize public access consistent with Coastal Act and LCP requirements.
Additionally, the user-supplied devices can only accommodate a few people around them at anyone time. Medium and larger groups of people, like those routinely observed at Carmel Beachfires, would not be able to all congregate at one time around the larger of these devices, whichmeasures only 18 inches in diameter.38 Therefore, propane fire devices may actually reduce public access and recreational opportunities, contrary to their intended purpose. Typical woodfire rings are about 40 inches in diameter and are designed to hold a bed of hot coals that radiateslarge amounts of heat capable of warming an area extending well beyond the limits of the firering itself, thus reaching a larger group of individuals. By contrast, the proposed user-supplied propane devices, which are much smaller in diameter, typically do not heat to the same hightemperatures of burning wood and thus do not radiate heat in the same way as do wood fires.Warmth from such propane devices is limited to indirect exposure to the flame itself. Some ofthe units with high BTU39 ratings have a decent flame that puts off light and some heat.However, because it is just a flame, warmth from the fire does not radiate out from the unit to anappreciable distance. Also for this same reason, the propane devices do not perform very well inwindy conditions. Although suitable for use in a protected space, such as between large parkedRV’s, these devices would not be very effective in the chilly and windy unprotected beachenvironment that is typical during the evening at Carmel Beach.
Similar to the user-supplied devices, but larger, the City intends to install and maintain six propane fire rings that would be available to the public on a first-come first-serve basis, andwhich cannot be reserved or held in advance. The City indicates however, that one fire ring may be reserved daily in association with the issuance of a special events permit from the City and inaccordance with the City’s special event policies. As noted above, the City is considering twooptions for the propane fire rings that would range in size from 30 - 48 inches in diameter,similar to the diameter of typical wood fire rings, which are typically about 40 inches indiameter. These propane-only fire rings would be located adjacent to the beach access stairwayson Carmel Beach (i.e., at 10th, 11th, 12th, and 13th Avenues, and Santa Lucia Avenue). The City
identified two different models that it intends to put in place on the beach during a pilot program period to see which is the most effective. However, these larger propane-only fire rings sufferfrom the same shortcomings as the smaller portable user-supplied devices discussed above. The
38 The fire attendance data provided by the City indicated that on average fires were attended by groups of ten persons or more.39 The British thermal unit (BTU) is a traditional unit of work equal to about 1055 joules. It is the amount of work needed to raise
the temperature of one pound of water by one degree Fahrenheit. For a more physical analogue, one four-inch wooden kitchenmatch consumed completely generates approximately 1 BTU.
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flame is aesthetically pleasing but minimal heat would radiate from such devices and they wouldnot be very effective in a windy environment. The cost of reserving and using the device for aspecial event could also be prohibitive for some individuals and families. Also, there are a hostof safety issues associated with the operation of a large propane device on the beach. Propane isa very volatile substance and a leak in the system could result in a fire or explosion, and serious
harm to users (see the “Hazards” section below for a complete discussion of the safety issuesassociated with propane devices). There are many unresolved logistical questions about theCity’s proposed program including with regard to operations, maintenance, costs, security,safety, etc., all of which could result in significant impediments to the use and enjoyment ofrecreational beach fires, inconsistent with the LCP and the Coastal Act.
Complicating the issue, IP Section 17.20.20.E(1)(e) prohibits the use of flammable liquids, otherthan charcoal lighter fluid, for starting and maintaining fires on Carmel Beach. This prohibitionwas likely instituted to ensure public safety on the beach (again, see the “Hazards” section belowfor a full discussion of safety issues) and possibly also to protect water quality (see also the“Water Quality” section below). Propane is a liquid when placed into a canister or cylinder forstorage and transport. This substance is highly volatile and improper use could result in harm tousers. Use of propane for the purpose of starting and maintaining a beach fire would not beconsistent with IP Section 17.20.20.E(1)(e).
The City’s proposal to install only six propane fire devices also greatly understates the value of beach fires to the visiting public. Data collected by the City on weekend beach fires during the peak summer visitation period clearly demonstrates an extremely high demand for this type ofrecreational activity on Carmel Beach. Data collected by the City from June 27 to July 26, 2015shows that there were on average 22 fires on Friday nights, 47 fires on Saturday nights, andanother 23 fires occurring on Sunday evenings. Under the City’s proposal, the number of beachfires taking place in propane-only fire rings provided by the City would only equal six per night.Such significant cutbacks in the number of beach fires on Carmel Beach might be justified if
there were plenty of alternative beach fire locations on the Monterey Peninsula or if there wereother compelling factors to reduce the number of fires so drastically. However, there does notappear to be evidence for either (particularly considering the City’s previous proposed Programthat is the subject of this CDP appeal to install 26 fire rings).. As the sole alternative for beachfires in the vicinity, the City of Monterey maintains only a handful of fire rings on Del MonteBeach.
To date, the City of Carmel has not provided any reports of significant crime or mischiefoccurring on Carmel Beach associated with beach fires. Scenic Road residents have complainedover the years about the issue of smoke and odors emanating from beach fires and this is one ofthe primary reasons cited by the City for the proposal to eliminate wood fires and commence a
propane-only fire program. It is not clear, however, how such a drastic reduction in the numberof proposed fire rings, compared to its initial proposal to install 26 wood-burning fire rings onthe beach (see “Substantial Determination” section above), can be found LCP and Coastal Actconsistent. The City has not provided any information to the Commission staff documenting anydemographic changes or changes in recreational activities that would justify such a reduction inthe number of beach fires.
Additionally, a propane-only program would eliminate not only wood fires on Carmel Beach, but
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also the use of charcoal fires typically used in portable hibachis and grills for cooking on the beach. The LCP explicitly states that fires are allowed for cooking and discusses methodstypically associated with wood and charcoal fires ( IP Section 17.20.20.E.1.a-j.). The City’srevised beach fire management program, which would eliminate the use of wood or charcoal,will prevent beach users from being able to have a wood-fired or charcoal barbeque on the
beach, inconsistent with the LCP ( IP Section 17.20.20.E ).
Furthermore, the City’s revised beach fire management program includes City-sponsored propane fire rings that will be offered to the public on a first-come, first serve basis, seven days per week, but only from one hour prior to sunset to 10 p.m. The sun sets at about 8:30 p.m.during the peak summer use period (i.e., July). As such the City-sponsored propane deviceswould only be available for use for approximately two and half hours of each day during themonth of July under the proposed propane-only program. Given Carmel’s chilly and often foggyclimate, it is not unreasonable to assume that some beachgoers will want to have a fire in a City-supplied propane fire ring during the day, but under the proposed project they would not beallowed to do so. While the City’s proposal allows for user-supplied propane devices to be usedon the beach between 7 a.m. and 10 p.m., such devices are small and will not provide a typical beach fire experience, as detailed above. Furthermore, low- and moderate-income persons maynot be able to afford the user-supplied options and the City-sponsored devices will not beavailable for their intended purpose during the day. In any event, the City’s proposed timelimitation for use of its City-supplied fire rings is inconsistent with IP Section 17.20.20.D, whichspecifically allows beach fires between the hours of 7 a.m. and 10 p.m. (i.e., a total of 15 hours per day.
Finally, during the winter months, the fire rings may be removed from the beach entirely to avoidinundation from the sea and there are no provisions in the City’s propane program to allow for beach fires during this time other than to purchase a propane device. The impacts of thisomission again fall disproportionately on the low income visitors who come to Carmel to enjoy
the classic Carmel Beach fire experience but are unable to do so.
Both Coastal Act and LCP policies require the provision of maximum public access andrecreational opportunities to and along the coast, and specifically Carmel Beach (Coastal ActSection 30210, LUP Policy G4-1). The LCP contains specific provisions for the protection ofrecreational beach fires ( LUP Policies O4-10 and P4-57 ) with further emphasis on the protectionof existing and provision of new lower-cost recreational facilities ( LUP Policy P4-62) andassurance of adequate public facilities to serve the needs of the public ( LUP Policy G4-3).Additionally, the IP establishes the regulations and parameters for having a fire on the beachincluding provisions for wood fires, limits on the location and time when fires may occur, thesize and height of fires, a prohibition on flammable fuels, and requirements for extinguishing
fires ( IP Sections 17.20.20.D and 17.20.20.E ). The City’s proposal to eliminate wood fires andimplement a program consisting of a mix of user-supplied and City-sponsored propane devicesdoes not maximize public access or protect lower cost recreational facilities required by those policies. The program further fails to protect beach fires in a manner envisioned by the LCP andfalls far short of providing adequate facilities for the large numbers of visitors who flock toCarmel from Monterey County, the State, and beyond for that quintessential beach fireexperience. The program especially impacts persons of low and moderate income means. Thus,the City’s proposal is inconsistent with the above-cited LCP and Coastal Act access and
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recreation policies.
Alternatives
There appear to be many ways to address the identified problem, but to jump to a complete banon wood beach fires and only allowing propane-fueled fires cannot be found consistent with theLCP or the Coastal Act in this case for the reasons discussed above. The City’s post-prohibitionmonitoring data does not even show that such a proposal would even make a significantdifference in PM2.5 levels and spikes. In addition, the City’s proposed propane-only programcannot be approved because the LCP explicitly prohibits flammable liquids (like propane) on the beach. There are alternatives, however, short of eliminating wood fires, which would mitigateand/or address the concerns raised by the City. As discussed in the “Substantial IssueDetermination” section above, the City considered an alternative to the current propane fire proposal that included the use of fire rings and set a limit on the maximum number of beach firesthat may take place at any one time. On April 8, 2015, the Planning Commission approved aCDP (MP 15-100) for a Beach Fire Management Pilot Program (Pilot Program) that included the broad elements of beach fire management. The Pilot Program required beach fires to bemaintained in fire rings and further restricted the number of fires to 26. The Pilot Program alsoincluded maintenance provisions, signage requirements, and a means by which to evaluate theeffectiveness of the program. The purpose of the Pilot Program was to address coastal resourceimpacts associated with unmanaged beach fires and, in particular, adverse impacts to air qualityand the discoloration of the City’s white sand beach. The approval was appealed by fourindividuals citing issues of conformance with the certified LCP. On May 5, 2015, the CityCouncil upheld the Planning Commission decision on a 4 – 0 vote to deny the appeals. Councildirected its staff to return with findings and conditions for the denial of the appeals and approvalof MP 15-100.
In its findings on that coastal permit, the City concluded that the Pilot Program was consistentwith the General Plan and LCP Policy G4-1 regarding the provision of maximum public access,
and the inherent balance between coastal access and environmental protection, and stated:
The development (proposed installation of 26 fire devices and temporary signage) will belocated near the beach staircases and in the natural coves and will not impede public accessto the sea. The recreational opportunity to build a fire will be maintained in designated areasvia the fire containment devices. …
The City also found the Pilot Program consistent with LUP policy G4-3 regarding the provisionof adequate facilities:
The proposed use of the 26 fire containment devices is intended to serve the needs of public
beach goers for beach recreation (i.e., allow recreational fires); mitigate damage to theenvironment (specifically sand, ocean, and air) and respect the neighborhood by developing,implementing, and refining through adaptive management program components that wouldbetter manage the number of wood beach fires and the associated health and safety hazardsresulting from improperly extinguished fires and impacts from wood smoke. Bettercontrolling the number and location of wood fires through the use of a limited number of properly-positioned fire containment devices is intended to respond to community concernsrelated to air quality impacts and hazards from hot coals on the sand, both of which interfere
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with the public’s ability to enjoy walking and other recreational activities at the beach. Additional program components such as the encouragement of the use of other sources of fuel like propane is similarly intended to reduce these impacts to both beach and shorelinearea users as well as residents with homes near the beach.
The Pilot Program was further found to be consistent with the LUP Policy O4-10 regarding the public’s opportunity to enjoy a beach fire:
The proposed installation of 26 fire containment devices will allow for the continuation of fires for cooking and warmth while preventing fires from being built directly onto the sand asan effort to protect the sand from degradation due to charcoal, ash and burned logs. Additional containment devices would be available during peak holiday periods, and propane-fueled devices would be encouraged and continue to provide a coal- and charcoal-less alternative for beach fires.
In a August 18, 2015 letter to the Commission, Richard Stedman, the Air Pollution ControlOfficer of the MBUAPCD indicated that the district had been working closely with the City of
Carmel in an effort to reduce smoke emissions from beach fires and that it had been continuouslymonitoring particulate matter (PM2.5) pollution at one location near the beach. Mr. Stedmanfurther indicated that the results of the monitoring demonstrated that residents were beingexposed to significant levels of particulate matter pollution from beach fires especially overweekends and holidays and identified the many health effects associated with exposure to smokeand PM2.5. In addition to adverse health effects, Mr. Stedman acknowledged that odorsassociated with wood fires were also a concern. In the last paragraph of the August 18, 2015letter, Mr. Stedman states that:
The District fully supports Carmel-by-the-Sea’s efforts to reduce wood smoke from Carmel Beach. Limiting the number of fire rings on the beach is a common sense approach that
should be effective in addressing the problem.
The letter also states that increasing the setback distances of the fires from residences and the useof propane instead of wood are also reasonable steps that may significantly reduce smokeimpacts to nearby residents. Commission staff spoke with Mr. Stedman on several occasionsregarding beach fires in Carmel and the City’s initial proposal to install fire rings on the beachand to cap the number of rings at 26. Although Mr. Stedman could not say what the appropriatenumber of fire rings was, he did indicate that he expected air quality to improve significantlyalong the Carmel shoreline with a cap or restriction on the numbers of beach fires.
As noted in the preamble, the certified LCP allows and protects beach fires. The policies of the
LCP were developed in response to issues with wood beach fires that had been occurring overthe course of numerous decades along Carmel’s shoreline. One primary concern was the controlover the size of bonfires that were occurring. To address the issue, the policies establish thelimits on the amount of material that may be used in a bonfire and the size of the fire, with clearreferences to wood fires:
The burning material used in the fire shall not extend more than two feet above the base ofthe fire (IP Section 17.20.20.E1(b)).
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Flames shall not extend into the air more than five feet from the base of the burning materialin the fire (IP Section 17.20.20.E1(c)).
The longest horizontal straight-line distance through the base of the fire shall not exceed four feet (IP Section 17.20.20.E1(d)).
All flammable coals, embers, or burning material shall be extinguished with sea water…(IPSection 17.20.20.E1(g)).
It is also clear from the LCP that propane fires are prohibited:
Flammable liquids other than charcoal starter shall not be used in any manner inconnection with starting or maintaining the fire (IP Section 17.230.20.E1(e)).
In short, Implementation Plan Section 17.20.20.E, defines the parameters for allowance of“wood”40 beach fires on Carmel Beach. Subsections a through d of this IP Section identify thewidth and height of the wood materials. There is no provision for the use of propane or natural
gas fires. Moreover, subsection 1(e) expressly prohibits the use of flammable liquids, other thancharcoal lighter fluid, to start and maintain a beach fire. Alternatively, the wood fire rings do notrequire a flammable liquid of any sort to start or maintain a fire. A properly prepared woodteepee with paper and kindling is all that is necessary. For these reasons, the use of propane firerings and other than wood/charcoal as the base fuel is not allowed under the LCP absent an LCPamendment.
Thus, as currently proposed, the City’s propane-only beach fire program could not be foundconsistent with the certified LCP including the policies and standards regarding the provision of beach fires on Carmel Beach. An LCP amendment would be necessary before either the City, orthe Commission on appeal, could make the necessary consistency findings and authorize propane
fires on Carmel Beach. For all the reasons stated above, the City’s current propane-only beachfire proposal is inconsistent with the access and recreation policies of the LCP and Coastal Act.
Although the Commission found that the Pilot Program raised a substantial issue, the reasons forthe finding were primarily because of lack of specificity in the program including the design andstyle of fire rings to be installed, specificity on seasonal adaptation and allowances for firesduring the winter, fire ring maintenance and management measures, and incomplete data on airquality concerns. This lack of specificity, however, could be addressed through the imposition ofspecial conditions including the preparation of a comprehensive program document. In fact, asmentioned above, following the City’s approval of the original beach fire management programin May 2015, City planning staff drafted a document entitled Beach Fire Management PilotProgram (BFMPP). Commission staff reviewed and found the document provided a significantlevel of specificity, but made comments where the management program could be improvedincluding to address LCP consistency issues (see Exhibit 11). The BFMPP includes arequirement that all beach fires be conducted in fire rings and places a maximum limit on the
40 The LCP Implementation Plan specifically identifies the standards for lighting and maintaining beach fires along CarmelBeach. These standards include references to “burnable material,” “ash,” “embers,” and “coals,” which are associated withwood fires. The IP standards were devised in response to wood fires that were occurring on Carmel Beach for the previous 90years.
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number of fire rings (26). The fire rings would be available on a first-come, first-serve basissouth of Tenth Avenue between the hours of 7 a.m. and 10 p.m. The BFMPP includes regularmaintenance requirements, disposal methods, seasonal adaptation, signage, air qualitymonitoring, and provisions for beach fires during the winter. The BFMPP would be in place for a period of three years, with a requirement that the City submit an application for a permanent
beach fire management program at the end of the three-year pilot program.
Implementation of the BFMPP, if revised to provide more specificity, would maximize publicaccess consistent with Coastal Act Section 30210 and LUP Policy G4-1, and further ensure thatlower cost recreational facilities are protected, consistent with the requirements of Coastal ActSection 30213 and LUP Policy P4-62. The BFMPP will also ensure that adequate facilities will be available to serve the high demand for recreational fires at Carmel Beach, consistent with therequirements of LUP Policies G4-4 and O4-10. Distributing 26 beach fire rings over a third-of-a-mile of Carmel Beach will help to mitigate for over-crowding at other locations, consistent withCoastal Act Section 30212.5. Further, requiring the use of beach fire rings will eliminate beachfires directly in the sand, which will also address the potential safety hazard of stepping on asmoldering fire and thus improve public safety, consistent with Coastal Act Section 30210.
Accordingly, the Pilot Program, including the BFMPP, is the appropriate vehicle for managingfires and address resource issues on Carmel Beach. Therefore, and to ensure continued publicrecreational opportunities including the ability to have beach fires within the City, theCommission imposes Special Condition 1(a) requiring the submittal of a Beach FireManagement Pilot Program (BFMPP) that, at a minimum, requires the City to ensure that nofewer than 26 fire rings are available to the public on a first-come, first-serve basis. The ringsshall be installed on the beach south of Tenth Avenue provided that the fire rings are at least 25-feet from the base of the bluff and are at least 50-feet apart from one another. The beach firesrings shall be available for public use between the hours of 7 a.m. and 10 p.m. daily. The firerings may be removed during periods of high tides, storms, and low beach profiles, and the fire
rings must be returned to the beach once storms subside and the beach profile recovers. User-supplied portable devices shall be allowed during winter months when the fire rings areremoved. The fire rings shall be maintained a minimum of three-days per week during peak use periods and on an “as needed” basis during off-peak periods. All ash, debris, and wood materialshall be properly disposed of away from the beach. The location of all proposed signage for the program must be shown in site plan view. The BFMPP shall also include specific detail on thecolor, design, size, and content of all signage. The Beach Fire Management Pilot Program shall be valid for a period of three years and shall be in substantial conformance with Exhibit 6. Allreferences to propane components in the BFMPP shall be removed. Special Condition 1(c) isimposed prohibiting the use of flammable liquids including propane on Carmel Beach.
Thus, the Commission’s approval authorizes a CDP that provides for the 26 fire rings originallyapproved by the City, and that provides associated parameters for the placement, use,monitoring, and maintenance associated with those rings, including in terms of monitoring airquality. The Commission believes this to be an appropriately measured response, and one thatcan allow for monitoring and adaptation over time to adjust Program parameters as warranted.41 Such a Program would appropriately limit beach fires (i.e., 26 allowed as opposed to the
41 Including allowing for propane options to be considered should the LCP be modified to allow for same.
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unlimited number of fires that are currently allowed), and can strike an appropriate balance to theissues presented. It will also address all of the other issues associated with unlimited fires builtdirectly on the beach sand by confining them to 26 fire rings that can be appropriatelymaintained to avoid beach degradation. As conditioned, the Commission finds that thedevelopment conforms to the access and recreation policies of the certified LCP and the Coastal
Act.
3. Scenic and Visual Resources
Applicable Policies Carmel’s shoreline with its signature white sand, dune back beach, golden granite seawalls, and backdrop of Monterey pine and cypress trees is highly scenic and recognized the world over. TheLCP contains a number of policies designed to protect these significant scenic and visualresources:
LUP Policy O4-6. Limit development along the Carmel shoreline to facilities that
support passive and active recreational activities, beach access, bluff protection and protection of infrastructure. …Ensure that any new structure or development is visuallycompatible with the natural beach environs, is consistent with the established design ofexisting facilities, minimizes coverage, and does not impede access. …
LUP Policy O1-6 . Recognize the natural resources and scenic quality of Carmel as acoastal community and allow uses in the community that are consistent with local needs,the Carmel Local Coastal Plan, and the California Coastal Act.
LUP Policy G5-3. Protect, conserve and enhance the unique natural beauty andirreplaceable natural resources of Carmel and its Sphere of Influence, including itsbiological resources, water resources, and scenic routes and corridors.
LUP Policy O5-8. Protect, conserve and enhance designated open space, the urban Monterey pine forest, beach and shoreline, the sensitive habitats and the hillside areas,and acquire additional open space as deemed appropriate.
LUP Policy P5-48. New development shall protect areas of unique scenic quality (e.g.,Scenic Road, Junipero Avenue, Torres & 3
rd , etc.). Development in these areas shall be
sited to protect public views to and along the coast, minimize impacts via landformalteration, and be visually compatible with the character of surrounding areas.
Analysis
The certified LCP policies require among other things that development be visually compatiblewith the natural beach environs (LUP Policy O4-6), that it preserve the unique natural beauty ofthe village (LUP Policy G5-3), and that it protect public views to and along the coast (LUPPolicy P5-48).
As described by the City, the current proposed project includes the installation of six, kettle-stylesteel fire rings approximately 30 – 48 inches in diameter that would be fueled by propane. The propane fire rings would be anchored into the sand. The City has not provided detail on the fuel
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system and containment units, but presumably it would include five-gallon propane fuelcanisters, hoses/piping, and some sort of security housing unit for the fuel canisters that likewisewould be stored on the beach. The units will be installed on the beach in the vicinity of the beachaccess stairs between Tenth Avenue and Martin Way. The City indicates that it intends to fieldtest several models before settling on a preferred unit. The project also includes the installation of
signage associated with the City’s new beach fire management guidelines.
The extent of the impacts of the propane program cannot be fully assessed, as the City has notyet chosen a particular design for the fire rings and the City has not indicated whether the propane tanks will be stored directly on the beach as described or placed into an enclosure ofsome sort. The maximum height of any of the possible propane fire ring options is 24 inches andthus the propane fire rings would not block scenic views of the beach or ocean. However, the firerings will introduce other new development (i.e., fuel tanks, enclosures, hoses/tubes, etc.) ontoCarmel Beach. These other components, which will remain on the beach whenever the propanefire rings are on the beach, appear mechanical and/or industrial in nature and will not blend withthe aesthetics of the beach and the surrounding natural environment and will create visual clutteron the beach, inconsistent with the above-cited LCP policies that protect Carmel’s significantvisual and scenic resources ( LUP Policies O4-6 and P5-48).
Alternatively, the wood burning fire rings the City researched back in May 2015 were verysimilar in design as the proposed propane fire rings (i.e., Kettle-style, steel, 30 - 48 inches indiameter, and a maximum of 24 inches in height). Of course, wood fire rings do not require propane as the primary fuel source and thus do not require a propane tank, pipes/hoses or ahousing unit to be located on the beach. Thus, from a visual clutter standpoint, the wood burningrings require less industrial-type infrastructure to function and are therefore less visuallyintrusive. Nevertheless, it is clear that no matter the design, the wood fire rings will represent avisual departure from the previous 100 years when beach fires were allowed directly in the sand.However, given that the previous history of unlimited beach fires taking place directly in the
sand has led to coastal resource and air quality concerns, including with respect to degradation ofthe white sands of Carmel Beach, restricting wood fires to fire rings should overall lead to animprovement in the visual quality of the beach.
As discussed above, City planning staff had prepared a Beach Fire Management Pilot Programdocument (“BFMPP,” see Exhibit 6) after the City took action on the CDP that was the subjectof the appeal described in the “Substantial Issue Determination” section above. The BFMPP provided for 26 wood fire rings on the beach as part of an adaptive program to manage beachfires. This document provides a good framework for regulating beach fires on Carmel Beach, butlacks specificity regarding fire ring design, and this lack of specificity could lead to visualimpacts. To address this potential visual resource issue, Special Condition 1 requires submittal of
a revised Beach Fire Management Pilot Program that identifies, among other things, the specificdetail on the wood-burning beach fire rings including model, size, design, and color. The BFMPPmust demonstrate that the preferred fire ring device is consistent with the existing beach aestheticand the unique qualities of Carmel.
As noted, the City also proposes as part of its propane-only program to install signs and/orsymbols at various locations along Carmel Beach informing the public of the new beach firerules, including information on the locations of where fires are allowed and rules regarding the
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use of the City-supplied fire rings and user-supplied devices. At a minimum, the proposal callsfor symbols to be installed at the Del Mar parking lot and between Eighth Avenue and TenthAvenue, indicating that beach fires are prohibited in these areas. Informational signs about thePilot Program and beach fire rules and restrictions will be installed at “key” locations starting atTenth Avenue. Signage indicating the use of fire devices with a simple message of “fires in rings
only” will be installed at all beach access points from Tenth Avenue to Martin Way. The Cityindicates that signage will be installed in locations that minimize obstructions of coastal viewssuch as on stairway railings and landings half-way down to the beach. All sign materials are proposed to be simple and made of wood consistent with the “Carmel” aesthetic.
The proposed signage program is mostly adequate but needs to be revised to allow for wood- burning fires, to prohibit propane-fueled fires and too ensure that signage will have no significantadverse impact on public coastal views. Thus, the Commission imposes Special Condition 1(f) requiring the Applicant to submit a final sign plan. The final plan must identify the proposedlocation for all symbols and signage and at a minimum demonstrate that signs will be co-locatedwith existing signs to reduce visual clutter, locate signs on existing access stairways to avoid theneed for poles or similar infrastructure, and to demonstrate that signs and symbols are placed andoriented to minimize impacts on public views. The sign plan must also provide the dimensionsand materials of all signs/symbols, and provide the exact wording of all signs. The signs mustalso state that wood and/or charcoal fires are only allowed in the 26 City-provided fire rings andare prohibited from taking place in the bare sand. Finally, the signs must make it clear that,except for charcoal lighter fluid, flammable liquids (including propane) are prohibited on CarmelBeach. As conditioned, the Commission finds that the development conforms to the scenic andvisual protection policies of the certified LCP.
4. Hazards
Applicable Policies
LUP Policy O4-6. Limit development along the Carmel shoreline to facilities that support passive and active recreational activities, beach access, bluff protection and protection of infrastructure. Bluff protection and protection of infrastructure shall be permitted only when existing facilities are in danger from erosion. Ensure that any new structure or development is visually compatible with the nature beach environs, isconsistent with the established design of existing facilities, minimizes coverage, and doesnot impeded access. Avoid to the maximum extent feasible the seaward encroachment ofnew structures.
LUP Policy G5-1. New development shall minimize risks to life and property, assure stability and structural integrity over the life of the development, and neither create norcontribute significantly to erosion, geologic instability, or destruction of the site or surrounding area.
LUP Policy P5-6. Construct new shoreline armoring in areas previously unprotectedonly when required to protect existing structures in danger of erosion and when designedto eliminate or mitigate adverse impacts on local sand supply. …
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IP Section 17.20.20.E. Recreational Fires on Carmel Beach. All fires on Carmel Beach shall meet the following requirements:
1. Beach fires shall be used for cooking or warmth and shall be located on that part ofthe City beach property which lies south of an extension of the center line of Tenth Avenue and west of a line reached by the high tide provided that all of the followingconditions are met:
a. The base of the fire shall be defined as the level at which the lowest burnablematerial or ash is located, and it shall be on the beach sand unless the fire is in ahibachi, charcoal grill or other like receptacle, in which case the base shall be ahorizontal plane touched by the lowest burning material.
b. The burnable material used in the fire shall not extend more than two feet abovethe base of the fire.
c. Flames from the fire shall not extend into the air more than five feet from the base
of the burnable material in the fire.
d. The longest horizontal straight-line distance through the base of the fire shall notexceed four feet.
e. Flammable liquids other than charcoal starter shall not be used in any manner inconnection with starting or maintaining the fire.
Although not the standard of review, Section 30253(c) of the Coastal Act provides guidancewith respect to agency coordination on the protection of air quality and state, in relevant part:
30253. New development shall do all of the following: … (c) Be consistent with requirementsimposed by an air pollution control district or the State Air Resources Board as to each particular development.
Section 30414 sets forth the division of powers and authorities between the Commission andlocal governments as compared to the State Air Resources Board and local air pollution controldistricts in regard to air quality and emissions standards. Section 30414 states in relevant part:
30414. (a) The State Air Resources Board and air pollution control districts established pursuant to state law and consistent with requirements of federal law are the principal publicagencies responsible for the establishment of ambient air quality and emission standards andair pollution control programs. The provisions of this division do not authorize thecommission or any local government to establish any ambient air quality standard, emission standard, or air pollution control program or facility, or to modify any ambient air quality standard, emission standard, or air pollution control program or facility which has beenestablished by the state board or by an air pollution control district.
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Analysis
Development on the beach and adjacent to the ocean is in some ways inherently hazardous.Development that may require a protective device in the future cannot be allowed due to theadverse impacts such devices have upon, among other things, public access, visual resources andshoreline processes. The City’s LUP policies limit development on the beach to facilities that
support public access and recreational activities (LUP Policy O4-6) and further limit shoreline protection to the protection of existing structures in danger of erosion (LUP Policy P5-6). Alldevelopment is required to minimize risk to life and property and to ensure structural integrityover the life of the development (LUP Policy G5-1).
Liquid PropaneThe City’s proposal includes user-supplied propane devices and six City-supplied andmaintained propane fire rings. It is assumed that the user-supplied devices will be removed fromthe beach after each use. The City-supplied devices are proposed to remain on the beach forreuse day in and day out including the fire rings, hoses, and fuel canisters. Propane is a highlyflammable form of liquefied petroleum gas. The liquid reacts with oxygen at normal temperature
and pressure and converts to a highly flammable form of gas.
There are several risks associated with the use and storage of propane on the beach. Propane isdenser than air. If there is a leak in the propane fuel system, it will “sink” into the sand or anyenclosed area thereby posing a risk of explosion and fire. The typical scenario is a leakingcanister/cylinder in an enclosure; the propane pools in the enclosure and a spark or otherflammable source ignites the pooled gas resulting in an explosion. Propane also expands underheat. When a propane tank is left out in the sun or within an enclosure in the direct sun, it willcause the gas to expand. If there is not enough room in the tank for the expanded gas, a pressurerelease valve will open to allow the gas to be emitted and prevent the cylinder from exploding.Similar to the scenario above, a spark from a nearby source could ignite the emitted gas andcause a fire or an explosion. This is a relatively common occurrence with the use of backyard barbeque grills. The National Fire Protection Association claims that there are more than 6,100accidental fires and explosions each year due to improper use of barbeque grills alone.42,43
The City indicated to Commission staff that it intends to store all elements of the propane firesystem on the beach, including the propane tanks, in order to minimize daily maintenancerequirements. However, the City has not provided detail on whether the propane tanks will besecured, covered, or contained, and the measures that will be implemented to ensure safe publicuse of the devices, nor has the City evaluated the impacts that weather (sun, wind, fog, etc.) mayhave on the integrity of the fuel system components as they remain on the beach over time.
As noted above, propane is a highly flammable and volatile substance capable of significant
explosions and damage. The use of propane can be inherently dangerous without properinstruction or experience, and many persons expected to visit Carmel for a beach fire may nothave the experience to safely start, maintain, and extinguish a propane fire. While wood fires are
42 National Fire Incident Reporting System. Cited in National Fire Protection Association, Use Care When Firing Up the Barbecue.
43 Other common uses of propane include being the primary flammable gas in a blowtorch; use in theme parks and in the movieindustry as an inexpensive, high-energy fuel for explosions and other special effects; and as a propellant, relying on theexpansion of the gas to fire a projectile.
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not without risk, the risk is minimized in that wood is not an explosive material and highlyflammable accelerants are not needed to start a wood fire. The certified LCP requires that newdevelopment minimize risk to life and property ( LUP Policy G5-1). Based on the materials provided thus far, and given the unstable nature of propane and the risks associated with its use,the Commission cannot conclude that the proposed propane fire units will minimize risks as
required by LUP Policy G5-1.
Additionally, Implementation Plan Section 17.20.20.E, defines the parameters for allowance of“wood”44 beach fires on Carmel Beach. Subsections a through d of this IP Section identify thewidth and height of the wood materials. There is no provision for the use of propane or naturalgas fires. Moreover, subsection 1(e) expressly prohibits the use of flammable liquids, other thancharcoal lighter fluid, to start and maintain a beach fire. It is precisely for the reasons discussedabove that this type of fuel source is prohibited (i.e., to prevent unintended fires and/orexplosions on Carmel Beach). Propane is stored and transported as a liquid, and it is a liquid inthe canister/cylinder that would be retained/stored on the beach. Alternatively, the wood firerings do not require a flammable liquid of any sort to start or maintain a fire. A properly preparedwood teepee with paper and kindling is all that is necessary. For these reasons, the use of propane fire rings is not consistent with the certified LCP, including IP Section 17.20.20.E. Thus,Special Condition 1(c) prohibits the use of propane on Carmel Beach, and Special Condition 1
requires the submittal of a Beach Fire Management Pilot Program that includes installation of 26fire rings to be used for wood fires.
Shoreline HazardsAs discussed above, Special Condition 1 requires at least 26 wood-burning fire rings to be provided on Carmel Beach. However, fire rings on Carmel Beach will seasonally becomethreatened by inundation of ocean waters during high tide events, and by winter beach scour. Thesouth end of Carmel Beach is especially exposed to these shoreline processes. In the City’sBFMPP document developed for the 26 wood fire rings (see Exhibit 6), the City identified the
need to temporarily/seasonally remove the rings to avoid inundation during high tide and stormevents. The stated intent of the BFMPP seasonal adaptation element is to make the beach firerings available as long as possible throughout the year with an initial period of March 15 toOctober 15. Outside these dates, weekly monitoring will be performed to assess the threat ofinundation and determine whether the fire rings must be removed and/or timing is right to restorethe fire rings to the beach. Despite this type of adaptive management, no development in theocean or near the shoreline can be guaranteed to be safe from hazards. All development locatedin or near the ocean has the potential for damage caused by wave energy, floods, seismic events,storms and erosion. To minimize the project’s impact on shoreline processes, and to minimizerisks to life and property, the Commission imposes Special Condition 4 prohibiting constructionof protective devices (such as a seawall) in the future to protect the fire rings and Special
Condition 3 requiring that the Applicant assume the risk of undertaking the development. This prohibition on construction of protective seawall devices will ensure project consistency withLUP Policy O4-6 (which limits development along the Carmel shoreline to facilities that support,among other things, passive and active recreational activities and beach access) as well as LUP
44 The LCP Implementation Plan specifically identifies the standards for lighting and maintaining beach fires along CarmelBeach. These standards include references to “burnable material,” “ash,” “embers,” and “coals,” which are associated withwood fires. The IP standards were devised in response to wood fires that were occurring on Carmel Beach for the previous 90years.
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Policy P5-6 (which limits new shoreline armoring construction to when required to protectexisting structures in danger of erosion).
Air QualityWith regard to air quality, the certified LCP provides no specific guidance or standards but there
is broad language in the LCP with respect to providing public access in a manner that protectsthe resource values of the beach environs and is consistent with environmental protection (LUPPolicies G4-1, G4-3, and G4-4 - see the “Public Access” section above for the full text of these policies). Also, although not the standard of review, Section 30253(c) of the Coastal Act requiresthat new development be consistent with air quality regulations and Section 30414 of the CoastalAct clarifies that the Commission may not establish or modify air quality or emission standardsor air pollution control programs.
Although the City’s proposed propane-only fire program would largely address the air qualityissues associated with wood fires, it does not avoid other significant public access, visual, andhazard-related impacts that propane-only fires would create. Furthermore, the use of propane fuelon the beach is prohibited by the LCP. Recognizing that wood-burning can have adverse impactson human health, Special Condition 1 requires the City adopt a Beach Fire Management PilotProgram that limits beach fires to rings and restricts the total number of fire rings to 26. Despiteadverse impacts that may result from wood-burning, limiting the total number of fire rings to 26represents a significant reduction in the number of beach fires (which in the past has beenunrestricted) and will result in significant reductions in air quality (PM 2.5) impacts whileensuring that beach fires (which have a long, rich history in Carmel) are still allowed as a form oflow-cost public recreational opportunity. The condition requires the program to includemonitoring of PM 2.5 along Carmel Beach with annual reports submitted to the ExecutiveDirector for review. Special Condition 1(d) also requires a comprehensive adaptive management plan to address the times for fire ring removal and replacement, the location of where the ringswill be storage, detail on how the rings will be cleaned and the location of ash/debris disposal.Finally, Special Condition 2 requires the City to re-evaluate the program at the end of the threeyear period and submit an application for a permanent Beach Fire Management Program thatincludes program refinements and modifications as needed to address program elements – particularly those related to particulate matter emissions and air quality.
Finally, the Commission here is not imposing any air quality standards, nor is it providing foranything inconsistent with requirements imposed by an air pollution control district. On thecontrary, the approved program in this case is an approximately measured response to identifiedair quality concerns, and one that can allow for monitoring and adaptation over time to adjustProgram parameters as warranted.45 Such a Program would appropriately limit beach fires (i.e.,26 allowed as opposed to the unlimited number of fires that are currently allowed), and can strike
an appropriate balance to the issues presented.
As conditioned, the Commission finds that the development conforms to the requirements ofCarmel LCP Sections O4-6, G5-1 and P5-6, as well as 30253 and 30414 of the Coastal Actregarding development in hazardous locations.
45 Including allowing for propane options to be considered should the LCP be modified to allow for same.
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5. Water Quality
Applicable Policies
The LCP contains policies intended to protect the water quality and biological productivity ofCarmel Bay:
LUP Policy P5-184. Maintain, enhance and where feasible, restore marine resources.Special protection shall be given to areas and species of special biological or economic significance. Uses of the marine environment shall be carried out in a manner that will sustain the biological productivity of coastal waters and that will maintain healthy populations of all species of marine organisms adequate for long-term commercial,recreational, scientific, and educational purposes.
LUP Policy P5-185. Maintain and restore, where feasible, the biological productivity andthe quality of coastal waters, streams, wetlands, estuaries, and lakes appropriate to maintainoptimum populations of marine organisms and for the protection of human health, though,among other means, minimizing adverse effects of waste water discharges and entrainment;
controlling runoff; …
LUP Policy O5-43. Protect and enhance the water quality and biological productivity oflocal creeks, wetlands, and Carmel Bay through the prevention of point and non-point sourcewater pollution.
The above LCP policies require protection of the quality of coastal waters and marine resourcesin order to preserve the biological productivity of said waters. This can be achieved in a varietyof ways including through controlling of runoff and the prevention of point and non-point source pollution. Areas of Special Biological Significance (ASBS) are afforded special protection.Carmel Bay is an ASBS (as identified by the State Water Resources Control Board) because it
supports an unusual variety of aquatic life, hosts unique individual species, and helps to providethe basic building blocks for a sustainable, resilient coastal environment and economy.
The City’s proposal for use of propane devices for beach fires would eliminate most of theconstituents normally associated with wood beach fires (e.g., ash, embers, other debris, etc.). But,as discussed in the findings above, propane fires do not provide the same warmth, light,recreational experience, and ambiance of a wood fire. Also, the City is proposing that the propane fuel canisters and associated hoses would remain on the beach, in the sand whenever thefire rings are present on the beach, which could result in the leakage of propane fuel directly intothe sand, which could ultimately be swept into the waters of Carmel Bay and the ASBS during periods of storm surge. It is likely due to this concern to maintain water quality, as well as the
safety concerns discussed in the “Hazards” section above, that the LCP prohibits the use of propane along with all other flammable liquids, other than lighter fluid for cooking purposes, onthe beach.
However, wood fires also have a host of potential water quality and other impacts associatedwith them. Wood fires that take place directly in the sand leave behind ash and debris that mayultimately end up in Carmel Bay and the ASBS. Uncontained wood fires can further degrade thecolor of the white sand and can also pose a significant public safety issues if people step on
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smoldering embers. For these reasons, unmanaged beach fires on the sand at Carmel Beach areno longer tenable. As such, and as discussed further in the “Public Access and Recreation”section above, this approval is conditioned to require implementation of the Beach FireManagement Pilot Program as shown in Exhibit 6 and as modified by Special Condition 1, whichwill provide for wood fires in a minimum of 26 fire rings.
The use of fire rings for wood fires will provide containment of ash and debris and addresses theissues of discoloration of the white sand. However, fire rings do generate debris that, if not properly disposed of, could adversely impact water quality, specifically if inundated by tidalaction, but also if debris is blown out of the rings by high winds. To ensure that ash and otherdebris left in fire rings are adequately disposed of, Special Condition 1(e) requires the preparation of a maintenance plan that requires the City to undertake regular scheduledmaintenance, a minimum of three days per week during the peak season (March 15 throughOctober 15), with removal of ash and debris from the fire rings as necessary to prevent thesematerials from ending up on the sandy beach. This condition also requires associatedmaintenance as necessary the rest of the year whenever the rings are present. Provisions for ashand debris disposal away from the beach are further required by this condition.
As part of its propane-only fire ring proposal, the City proposes to temporarily remove fire ringsduring extreme tidal events and winter beach scour to prevent inundation of the rings andcontamination of coastal waters, but did not describe where the rings would be relocated to. Thetemporary storage or placement of the fire rings in a location where storm water discharges andentrainment could be carried into coastal waters would result in an adverse effect on the marineenvironment. To reduce the potential for storm water related impacts on water quality, theCommission imposes Special Condition 1(e) requiring the appropriate handling and storage ofwood beach fire rings and associated debris during such events to minimize the potential for pollutants to enter coastal waters. This condition also requires the wood fire rings to be placed back on the beach in a timely manner when the extreme tidal events and/or winter beach scour
have passed. As conditioned, the Commission finds that the Beach Fire Management PilotProgram conforms with LUP Policies P5-184, P5-185, and O5-43 regarding the protection ofwater quality to promote the biological productivity of coastal waters and to protect humanhealth.
6. Violation
The City’s certified LCP contains specific protections for the provision of recreational beachfires on Carmel Beach. Both the Coastal Act and LCP also emphasize the protection of existing,and provision of new, lower-cost recreational facilities. Beach fires are part of a rich, nearly 100-year tradition at Carmel Beach and have been available to the public at no cost with minimalrestrictions (i.e., allowed anywhere south of Tenth Avenue and 25 feet from the bluff) for many,many years.
As discussed above, in the “Substantial Issue” and “De Novo” Hazards section of this staffreport, the City has issued and enforced an Urgency Ordinance placing a moratorium on beachfires during weekends and holidays. The City concluded that smoke and particulates from beachfires were threatening the health and safety of residents and beach goers, and thus requiredimmediate emergency action. The initial 45-day moratorium went into effect on August 6, 2015,
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and was authorized via the issuance of an emergency coastal development permit (ECDP). TheECDP was also limited to 45-days. As expressed by the City, the purpose of the moratorium was“to protect public safety, health, and welfare by prohibiting uses that may conflict with theshoreline management plan and the City’s Municipal Code until a beach fire management program can be implemented by the City.” Prior to expiration of the initial action, on September
1, 2015, the moratorium was extended for an addition 10 months and 15 days (without a CDP),for a total period of up to one year.
In response to the actions taken by the City, Commission Enforcement Staff sent a letter to theCity indicating that its actions were in violation of Coastal Act and LCP permitting requirements.In its October 2, 2015 letter, Commission staff noted that state law requires that an urgencyordinance enacted under State Section 65858 authorizing an immediate change to the intensity ofuse of water, or access thereto, constitutes “development” for which a coastal development permit is required. The enforcement letter also indicated that issuance of the urgency ordinanceresulted in a change in use that was otherwise not allowed under the LCP; therefore requiring anamendment to the certified LCP. Thus, the City took actions that require a CDP and require thesubmission of the urgency ordinance as an LCP amendment for Commission certification andthat this was needed before the any actions pertaining to such urgency ordinance could beinitiated.
The City authorized an emergency CDP for the 45-day moratorium but did not issue a follow upregular CDP to authorize the action beyond the initial 45-day period. As of the date of thisreport, the initial 45-day authorization period has passed and while the City has extended themoratorium, the ECDP does not authorize an extension. Section 17.52.18 of the certified LCPalso requires an application for a “Normal Permit” within 30-days of issuance of an emergency permit and further requires that the emergency response be an interim measure that is otherwiseconsistent with the requirements of the certified LCP. To date, the City has not applied for afollow up “Normal Permit” and it is clear from the findings above that there were readily
available alternatives to the moratorium that would address the concerns raised consistent withthe LCP. In short, the City has installed signs and has enforced a moratorium on beach fires onCarmel Beach without the required CDP, constituting a violation of the permitting requirementsof the Coastal Act and the LCP.
LUP Policy O4-1 and Policy 5.3 of the Shoreline Management Plan provide that beach users areallowed “the opportunity to enjoy a fire for warmth or cooking … until 10 p.m. south of TenthAvenue but at least twenty-five feet from the base of the bluffs.” Currently the LCP does nothave any weekend or holiday restrictions on the use of the beach for beach fires. Thus theurgency ordinance prohibits a use that is currently allowed and protected by the LCP. And assuch, the urgency ordinance is not effective or enforceable until the City submits for certification
an amendment to its LCP and the Commission certifies the submittal as adequate to carry out theintent of the Coastal Act. Even if the City issues itself a CDP for the moratorium, it would beissuing a permit that is not consistent with the certified LCP, which allows beachgoers to have awood fire on the beach between 7 a.m. and 10 p.m. south of Tenth Avenue without any weekendof holiday restrictions. Thus, the City does not have the legal authority to issue a valid CDPconsistent with the LCP unless and until the Commission certifies an LCP amendment that provides for same.
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The City has improperly used the emergency ordinance and emergency permit process toimplement emergency measures beyond any period which could be reasonably be construed toauthorize such actions and inconsistent with required procedures. The Coastal Act does notauthorize local governments to adopt and enforce regulations that impose restrictions orlimitations on the intensity of use of water or access thereto that are in conflict with the Coastal
Act. The City’s actions circumvent the planning and permitting processes by adopting anurgency ordinance and issuing an emergency permit that limit public participation and result inthe loss of lower cost public recreational opportunities along Carmel Beach. Such actions are inconflict with access and recreation policies of the Coastal Act and the City’s certified LCP andare, thus, a violation of the Coastal Act and the City’s certified LCP.
The above described violations are not addressed in, and will not be resolved by, theCommission’s action on this item. The information is simply provided to put into context theCity’s various actions that are outside the scope of and inconsistent with this CDP on appeal, aswell as staff’s position with respect to these actions. Approval of this permit pursuant to the staffrecommendation and full compliance by the City with the conditions herein will restore beachaccess and recreational opportunities as required by the City’s LCP and the Coastal Act.Although development has taken place prior to the Commission’s consideration of this appealand de novo review, consideration by the Commission has been based solely upon the City’sLCP. Commission review and action on this permit does not constitute a waiver of any legalaction with regard to the alleged violations, nor does it constitute an implied statement of theCommission’s position regarding the legality of development undertaken on the subject sitewithout a coastal permit.
7. California Environmental Quality Act (CEQA)
Section 13096 of the California Code of Regulations requires that a specific finding be made in
conjunction with coastal development permit applications showing the application to beconsistent with any applicable requirements of CEQA. Section 21080.5(d)(2)(A) of CEQA prohibits a proposed development from being approved if there are feasible alternatives orfeasible mitigation measures available which would substantially lessen any significant adverseeffect which the activity may have on the environment.
The City of Carmel-by-the-Sea, acting as lead agency, conducted an environmental review forthe proposed project as required by CEQA and determined that the proposed project wascategorically exempt pursuant to Section 15311 of the State CEQA guidelines.
The Coastal Commission’s review and analysis of land use proposals has been certified by theSecretary of Resources as being the functional equivalent of environmental review under CEQA.
The Commission has reviewed the relevant coastal resource issues associated with the proposed project, and has identified appropriate and necessary modifications to address adverse impacts tosuch coastal resources. All public comments received to date have been addressed in the findingsabove. All above findings are incorporated herein in their entirety by reference.
The Commission finds that only as modified and conditioned by this permit will the proposed project avoid significant adverse effects on the environment within the meaning of CEQA. Assuch, there are no additional feasible alternatives or feasible mitigation measures available which
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would substantially lessen any significant adverse environmental effects that approval of the proposed project, as modified, would have on the environment within the meaning of CEQA. Ifso modified, the proposed project will not result in any significant environmental effects forwhich feasible mitigation measures have not been employed consistent with CEQA Section21080.5(d)(2)(A).
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A-3-CML-15-0033 (Carmel Beach Fire Management Pilot Program)
50
APPENDIX A: SUBSTANTIVE FILE DOCUMENTS
1. Wildfire Smoke: A Guide to Public Health Officials,http://www.arb.ca.gov/carpa/toolkit/data-to-mes/wildfire-smoke-guide.pdf
2. City of Carmel-by-the-Sea PM2.5 Raw Data (May 21, 2015 – October 8, 2015).
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Project LocationCarmel Beach bet 10th & Martin Way
Carmel‐by‐the‐Sea
Exhibit 1: Regional Location Maps A-3-CML-15-0033 (Carmel Beach Fire Mngt Pilot Program
Page 1 of 2
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Project Area
Exhibit 1: Regional Location Maps A-3-CML-15-0033 (Carmel Beach Fire Mngt Pilot Program
Page 2 of 2
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Source: California Coastal Records Project, Slide 1194
Carmel‐by‐the‐Sea
10th Ave11th Ave 1
Beach Fire Program Area10th Avenue to 12th Avenue
Carmel B
Area of Special Biolog
Beach Fire Prog10th Avenue to
Denotes beach access stairway.
A-3-CM
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Source: California Coastal Records Project, Slide 1195
12th Ave
13th Ave
PM2.5
Monitoring
Station
S
Carmel‐by‐the‐Sea
Carmel Bay
Area of Special Biological Sign
Beach Fire Program Area12th Avenue to Santa Lucia
Beach Fire Program12th Avenue
to
Santa
Denotes beach access stairway.
A-3-CM
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Source: California Coastal Records Project, Slide 1196
Santa LuciaMartin
Way
Carmel‐by‐the‐Sea
Carmel Bay
Area of Special Biological Significance
Beach Fire Program AreaSanta Lucia to Martin Way
Denotes beach access stairway.
A-3-CM
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Exhibit 3: City Notice of Final Local Action A-3-CML-15-0033 (Carmel Beach Fire Mngt Pilot Program
Page 1 of 8
Please note the following Final City of Carmel by the Sea Action on an application for a Coastal Permit, emergency
Coastal Permit, Coastal Permit amendment
or
Coastal Permit extension. All local appeal periods have been exhausted
for this matter:
Project Information
Application : MP 15-100
Project Applicant: City of Carmel-by-the-Sea (contact: Sharon Friedrichsen)
Applicant's Rep: same
Project Location: on the Carmel Beach along and seaward of Scenic from Eighth Avenue to Martin Way
APN: various (Carmel Beach)
Project Description: Consideration of Coastal Development Permit MP 15 1 00) for the beach fire management pilot
program.
Final ction
Information
Final Action Date: May 7, 2015
Final Local Action: X Approved with Conditions
Final Action Body: 0 Planning Commission
Required Materials
Enclosed Previously
Supporting the Final Action Sent (date)
Adopted StaffReport
X
Adopted Findings
X
Adopted Conditions
X
Site Plans
X
Elevations
Coastal
Commission ppeal Information
This Final City of Carmel-by-the-Sea Action is:
0
X
City Council
O ~ i n
Additional Materials Enclosed Previously
Supporting the Final Action Sent (date)
CEQA Document(s)
Historic Evaluation
Biotic Report (s)
Other
Other
D NOT appealable to the California Coastal Commission. The Final City Action is now effective.
X Appealable to the California Coastal Commission. The Coastal Commission's 10-working day appeal period begins the first
working day after the Coastal Commission receives adequate notice of this Final City Action. The Final City of Carmel-by
the-Sea Action is not effective until after the Coastal Commission's appeal period has expired and no appeal has been filed.
Any such appeal must be made directly to the California Coastal Commission Central Coast District Office in Santa Cruz;
there is no fee for such an appeal. Should you have any questions regarding the Coastal Commission appeal period or process,
please contact the Central Coast District Office at 725 Front Street, Suite 300, Santa Cruz, CA 95060, (831) 427-4863.
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Exhibit 3: City Notice of Final Local Action A-3-CML-15-0033 (Carmel Beach Fire Mngt Pilot Program
Page 2 of 8
To:
CITY OF CARMEL-BY-THE-SEA
Council Report
May
7
2015
Honorable Mayor and Members
of
the City Council
Douglas J. Schmitz, City Administrator
From:
Sharon Friedrichsen
Subject:
Consideration
of
findings for the denial of four (4) appeals
of
the
Planning Commission s decision to approve a Coastal
Development Permit application (MP 15-1 00) for the Beach Fire
Management Program on Carmel Beach along and seaward of
Scenic Avenue from Eighth Avenue to Martin Way.
RECOMMENDATION: Adopt the attached findings and special conditions for the denial
of the four (4) appeals and approval of the Coastal Development Permit (MP 15-1 00 -
Beach Fire Management Program.
EXECUTIVE SUMMARY: On 8 April 2015 the Planning Commission approved Coastal
Development Permit (MP 15-1 00) for the Carmel Beach Fire Management Program.
The approval was appealed by four individuals: Nancy Chira-Garcia, Bill Shellooe, Mary
Louise Shellooe and Alexis Delehanty. The primary concern was non-conformity with
the City s Local Coastal Plan (LCP). The appeal was considered by City Council on the
4th
and 5th of May 2015, with Council voting 4-0-1 to deny the appeals on 5 May 2015.
As
part
of
the motion, Council directed staff to return with findings and conditions for the
denial of the appeals and approval of MP 15-100.
ANALYSIS/DISCUSSION:
On 8 Apri12015, the Planning Commission approved Coastal Development Permit (MP
15-1 00) for the Carmel Beach Fire Management Program. The approval was appealed
by four individuals: Nancy Chira-Garcia, Bill Shellooe, Mary Louise Shellooe and Alexis
Delehanty. The primary concern was non-conformity with the City s Local Coastal Plan
(LCP). The appeal was considered by City Council
on
the
4th
and
5th
of May 2015, with
Council voting 4-0-1 to deny the appeals on 5 May 2015. As part
of
the motion, Council
directed staff to return with findings and conditions for the denial
of
the appeals and
approval
of
MP 15-100.
During hearings on 4 and 5 May 2015, the Council also reviewed the beach fire
management program and provided the following direction:
• Confirmed the current pilot program s proposal to install 26 fire rings;
• Confirmed the use
of
user-supplied propane devices as one of the options for
inclusion in the pilot program if acceptable to the Coastal Commission;
Council Meeting Date: May 7 2015
Agenda Item: 3.A
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Exhibit 3: City Notice of Final Local Action
A-3-CML-15-0033 (Carmel Beach Fire Mngt Pilot Program
Page 3 of 8
• Recommended including quantitative measure, such as before and after random
sampling o beach sand, to measure aesthetics o sand, and other quantitative
measurements o air quality (indoor and outdoor) and provide a mechanism for
constituent feedback; and
• Confirmed the length
o
the coastal development permit is a maximum
o
three
years; however, the pilot program duration would be approximately one year and
should include one full summer season.
FISCAL IMPACT:
No fees have been collected for the filing this type o appeal.
PREVIOUS COUNCIL ACTION DECISION HISTORY:
• Council approved the pilot program on 3 February 2015.
• Planning Commission approved Coastal Development Permit MP 15-100 on 8
April2015.
• Council held the public hearing on the appeals on 4 May 2015 and continued the
matter until 5 May 2015.
• Council denied the appeals
o
the Planning Commission s approval o MP 15-100
on 5 May 2015.
ATTACHMENTS:
1. Findings
2. Conditions of Approval
APPROVED:
f
Date: t 1;7 r
Council Meeting Date: May
7
2015
Agenda Item: 3.A
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Exhibit 3: City Notice of Final Local Action A-3-CML-15-0033 (Carmel Beach Fire Mngt Pilot Program
Page 4 of 8
CITY
OF
CARMEL-BY-THE-SEA
FINDINGS
FOR
DECISION
MP 15-100
City Beach Fire Management Program
Carmel Beach, Eighth Avenue to Martin Way
APN: Various
CONSIDERATION
Findings for the approval of Coastal Development Permit MP 15-100 (Carmel Beach Fire
Management Program)
RECITALS
1. The project site is located on Carmel Beach along and seaward of Scenic from Eighth
Avenue
to
Martin Way. The project site
is
located in
the
Improved Parkland Overlay
P-
2), and
Beach
and Riparian BR) Overlay Zoning Districts.
The
applicant is the City of
Carmel-by-the-Sea.
2. The applicant applied for a Coastal Development Permit (MP 15-100) application on
· March 23, 2015,
to
implement the beach fire management program, which included site
preparation, placement
of
26 fire devices and
temporary
signage.
3. The Planning Commission approved the Coastal Development Permit (MP 15-100)
application on April 8, 2015, subject to findings and conditions on a 4-0-1 vote.
4. The Coastal Development Permit was appealed by four separate appellants: Nancy
Chira-Garcia, Bill Shellooe, Mary Louise Shellooe and Alexis Delehanty, and such appeals
were all received on April 13, 2015, and had identical issues raised in the appeal
applications.
5.
The subject appeals were denied by the City Council on May 5, 2105. The City Council
directed staff to return with amended findings and special conditions for the approval of
MP 15-100. Findings have been prepared for Council's consideration on May
6,
2015.
FINDINGS SUPPORTING DECISION
1. Finding
The program is consistent with the City's General Plan, including the
Local
Coastal
Plan
LCP), and the inherent balance between coastal access and environmental protection.
The program
is
consistent with
LCP
Goal G4-1: Provide for maximum public access
to,
and
recreational use of, the shoreline consistent with private property rights and environmental
protection.
Evidence The development (proposed installation of 26 fire devices and
temporary
signage) will be located near the beach staircases and in the natural coves and will not
Council Meeting Date: Ma 7, 2015
Agenda Item: 3.A
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Exhibit 3: City Notice of Final Local Action
A-3-CML-15-0033 (Carmel Beach Fire Mngt Pilot Program
Page 5 of 8
impede public
access to the sea. The
recreational opportunity
to
build a fire will be
maintained in designated areas via the fire containment devices. This will allow fires to
continue to occur, while possibly allowing greater
use
of other areas of the beach
for
different recreational
uses.
Under the existing rules, unlimited fires may
be
built directly in
the
sand
anywhere south of Tenth Avenue and
25
feet from
the base of
the bluff, which
may curtail
access
to areas of the
beach
due to the presence of beach fires. The program
includes provisions
for
timely and a phased removal of the devices in the event
that
they
are threatened
by
winter beach scour in order
to
maximum the duration of the year that
the devices are available for use while avoiding hazards due to undermining, displacement,
or flooding
of
the devices.
2.
Finding The
program
is
consistent with
LCP Goal
G4-3: ((Provide adequate facilities
that
will
serve the needs of the public, mitigate damage to the environment and respect the
neighborhood and Goal G4-4: Provide for a wide variety of passive and active recreational
experiences for all beach users while protecting the resource values of beach environs.
Evidence The
proposed use
of
the 26 fire containment devices
is
intended to serve the
needs of public
beach
goers
for beach
recreation (i.e. allow recreational fires); mitigate
damage to the environment (specifically sand, ocean and air) and respect the neighborhood
by
developing, implementing, and refining through adaptive management program
components that would better manage the number of wood beach fires and the associated
health and safety hazards resulting from improperly extinguished fires and impacts from
wood smoke. Better control ling the number
and location of wood fires through the use of a
limited number
of properly-positioned fire containment devices
is
intended to respond to
community concerns related
to
air quality impacts and hazards from
hot
coals on the sand,
both of which interfere with the public's ability
to
enjoy walking and other recreational
activities at the beach. Additional program components such
as
the encouragement of the
use of other sources of fuel like propane
is
similarly intended to reduce these impacts to
both beach and shoreline area uses as well as residents with homes near the beach.
3.
Finding The program
is
consistent with LCP Objective 04-10 to Allow beach users the
opportunity to enjoy a fire for warmth or cooking, while protecting the sand from
degradation.
Evidence
The proposed installation of 26 fire containment devices will allow for the
continuation
of
fires
for
cooking and warmth while preventing fires from being built directly
onto the sand as an effort to protect the
sand
from degradation due to charcoal, ash and
burned logs. Additional containment devices would
be
available during peak holiday
periods, and propane-fueled devices would
be
encouraged and continue to provide a coal
and charcoal-less alternative for beach fires. The fire containment devices will be located
south of Tenth Avenue; be located at least
25
feet from the base of the bluffs; ·and
unavailable for use after 10 p.m., parameters that are consistent with LCP Policy P4-57 and
Chapter 17 of the City's Zoning Code.
Council Meeting Date: May
7
2015
Agenda Item: 3.A
Page
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Exhibit 3: City Notice of Final Local Action A-3-CML-15-0033 (Carmel Beach Fire Mngt Pilot Program
Page 6 of 8
4 Finding The program is consistent with LCP Policy P4-56: Implement procedures and
regulations for temporary events on the beach th t will protect public access and
environmental resources and
LCP
Policy P4-62: Lower cost visitor and recreational
facilities shall be protected and encouraged and where feasible, provided.
Evidence The use of the fire containment devices
is
proposed to be free
and
available
for
general use by the public on a first come first serve basis, thereby ensuring equal public
access
to the
use
of the devices.
In
addition, for a limited number of temporary (typically
one day or less) events
on
the beach
th t
obtain from the City a Special Event Permit, one
or two devices may be available, in accordance with the City's special event permit process.
Typically, no more than one such special event
is
allowed on any specific
day,
and this will
ensure th t the vast majority
of
devices remain available on a first come first serve basis.
5.
Finding
The
proposed project
is
categorically exempt from
CEQA
requirements, pursuant
to
Section 15311 of the State CEQA Guidelines. Exemptions under this section
Class
11
Categorical Exemptions) include construction
or
placement of minor structures accessory to
existing facilities, including signage.
Evidence The pilot program
is
a temporary program intended to reduce hazards to beach
uses
to
improve the aesthetics of the beach from uncontrolled and unlimited wood-fueled
beach fires, and
to
improve air quality by more effectively managing beach fires. The
program includes measures
to
remove fire devices from the beach pr ior
to
the devices
being threatened by seasonal beach scouring. Signage will be temporary and will follow
the City's standards for other signage in the beach and will be reviewed by the Planning
Commission
for
size,
location, design, and materials prior
to
installation
to
ensure
th t
significant aesthetic impacts are avoided. The proposed fire devices and temporary
signage do not present any unusual circumstances th t would result in a potentially
significant environmental impact.
Council Meeting Date: May 7, 2015
Agenda Item: 3.A
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Exhibit 3: City Notice of Final Local Action
A-3-CML-15-0033 (Carmel Beach Fire Mngt Pilot Program
Page 7 of 8
MP 15-100 (Beach Fire Management Pilot)
May7
2015
Conditions
of
Approval
Page
1
Amended
by and
Approved
by
City Council on 5/7/15
Conditions of Approval
No. Standard Conditions
1.
Authorization:
The implementation
of
an approximately 1 year pilot program that shall include at
least one full summer season, for improved management
of
beach fires on Carmel
Beach The pi lot program includes installation of new seasonal fire rings, or devices,
along the beach, temporary sign age
to
inform the public
of
the City s beach fire
regulations as well as specifics
of
the pilot program, cleaning
of
the devices and
additional outreach, adaptive management
of
components
of
the program, and
enforcement efforts by City personnel.
The devices will
be
installed in the spring or summer, and some devices may
be
removed in the winter in advance of storm-generated beach scour based upon
trigger dates and/or environmental conditions (i.e. upper wash
of
the waves is
within 10 feet of the device, early
or
heavy
winter
storm season, such that wave-
induced scour threatens to undermine the fire devices).
The devices will be installed approximately at
the
following locations: up
to two
devices each located near the staircases at
lOth, 11th, 12th, 13th
and Santa
Lucia
(ten
total) and up to four each in the coves between
lOth
and
11th, 11th
and
12th, 12th
and
13th
and
13th
and Santa Lucia (sixteen total), provided
that
all locations are at least
25 feet from the base
of
the bluff and are at least 50 feet apart from one another.
No fire devices will
be
installed north
of
lOth Avenue. Site preparation including
raking
of
the
areas where fire devices will
be
installed may
be
conducted
prior
to
the
installation
of
the fire devices. Devices wil l
be
regularly cleaned by the City using all-
terrain vehicle and hand and small power tools, with the possible use of a vactor
truck
as
needed to clean the devices during times
of
heavy use
Other options that may
be
included during the pilot program:
1)
Allowance
of
user-
supplied or City-supplied gas or propane devices in areas south of Tenth Avenue and
2) City issuance/distribution of an additional portable wood-burning devices for
peak holiday weekends.
Temporary signage will
be
installed at the following locations: near the restrooms at
the Del
Mar
Parking Lot, adjacent
to
the Scenic Pathway at
Scenic
and Eighth,
and
at
the
top and/or bottom of each beach
access
stairway between
lOth
and Martin Way.
The City
has
hired a private security firm
to
provide education
and
enforcement
of
the pilot program and beach rules and has budgeted for a full-t ime beach police
officer to assist in education, enforcement and monitoring
of
the program as part of
fiscal year 2015 16.
t
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Exhibit 3: City Notice of Final Local Action
A-3-CML-15-0033 (Carmel Beach Fire Mngt Pilot Program
Page 8 of 8
MP 15-100 (Beach Fire Management Pilot)
ay 7 2015
Conditions of Approval
Page
2
Special
onditions
1.
The pilot program shall include quantitative measures, such
as
before and after
random sampling
of
beach sand, regarding beach cleanliness and aesthetics,
quantitative measurements
of
outdoor air quality and a mechanism for constituent
feedback. The City, in collaboration with the Monterey Bay Unified Air Pollution
Control District, will establish monitoring site(s)
to
determine baseline
concentrations and smoke impacts associated with wood-burning beach fires.
At a
minimum, sampling will occur during peak times
of
the year, such
as
holiday
weekends. Data will be telemetered to the District and made available
to
the City.
The District will utilize monitoring devices suitable for detecting smoke.
2
At the beginning ofthe winter storm season (on or about November l
t , City staff
will monitor the condition of the
beach at least weekly, and ensure
that
the seasonal
beach fire devices are removed prior
to
being threatened by wave-induced beach
scour.
3
The specific scale, location, and design
of
the temporary sign age will be reviewed
and approved by the Planning Commission prior to installation
of
such sign age.
4.
Within 3 months of the first 12 months ofthe program, City Forest, Beach, and Parks
staff will prepare and submit a report
to
the Forest and
Beach
Commission, Planning
Commission, City Council and the regional office of the Coastal Commission
discussing that year s program components.
5.
The term of the coastal development permit is a maximum ofthree years.
V
V
V
V
V
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Exhibit 4: Appeal of City CDP Action A-3-CML-15-0033 (Carmel Beach Fire Mngt Pilot Program
Page 1 of 6
STATE
OF
CALIFORNIA THE RESOURCES AGENCY
CALIFORNIA COASTAL COMMISSION
CENTRAL COAST DISTRICT OFFICE
725 FRONT STREET, SUITE 300
SANTA CRUZ,
CA
95080-4508
VOICE (831) 427-488 3 FAX (831) 427-4877
EDMUND G. BROWN JR., overnor
APPEAL
FROM
COASTAL
PERMIT
DECISION
OF LOCAL
GOVERNMENT
Please Review Attached Appeal Information Sheet Prior t Completing This Form.
SECTION I. Appellant(s)
Name:
A e ~ ltM.
Mailing Address: Y O
B>oY
v f>
C i t y ~
C k
Zip
Code:
q ~ l
SECTION II. Decision Being Appealed
1.
Name oflocal/port government:
2.
Brief description
of
development being appealed:
3. Development s location (street address, assessor s parcel no., cross street, etc.):
01\J 1SGA-<- <1-
~ o ~ or- \ ~
kJr;N
u
:..
-ro
~ \ 1 Y \ J wit[
4. Description
of
decision being appealed (check one.):
D Approval; no special conditions
-8 Approval with special conditions:
0 Denial
Note: For jurisdictions with a total LCP, denial decisions by a local government cannot be
appealed unless the development is a major energy or public works project. Denial
decisions by port governments are not appealable.
TO BE COMPLETED BY COMMISSION:
APPEAL NO:
A-3-CHL-/5-0033
DATE FILED:
DISTRICT:
IVE
MAY
2 7 2015
C I ~ U F O R ~ H A
COASTAL
GOl\/lMISSION
GI iNTRAb.
C Q A ~ T
AREA
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Exhibit 4: Appeal of City CDP Action A-3-CML-15-0033 (Carmel Beach Fire Mngt Pilot Program
Page 2 of 6
APPEAL
FROM
COASTAL
PERMIT
DECISION
OF LOC L
GOVERNMENT (Page 2)
5. Decision being appealed was made by (check one):
D Planning Director/Zoning Administrator
t ;Zf
~ c i l B o a r d of
Supervisors
D
Planning Commission
D Other
6.
Date of local government s decision:
7.
Local government s file number (if any):
V\\ 1
3 2 0 1 \
~ P ~ t s = o _ o ~ - \ - ~ - c : : . : . M _ . . ~ . ; = : ~ j
SECTION
Ul. Identification of
Other
Interested Persons
Give the names and addresses of the following parties. (Use additional paper
as
necessary.)
a. Name and mailing address
of
permit applicant:
b. Names and mailing addresses as available of those who testified (either verbally or n writing) at
the city/county/port hearing(s). Include other parties which you know to be interested and
should receive notice of this appeal.
(3)
(4)
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Exhibit 4: Appeal of City CDP Action
A-3-CML-15-0033 (Carmel Beach Fire Mngt Pilot Program
Page 3 of 6
APPEAL FROM COASTAL P RMIT DECISION OF LOCAL GOVERNMENT Page 4)
SECTION V Certification
The information and facts stated above are correct to the best of my/our knowledge.
Note:
Section VI.
l/We hereby
authorize
Signa e of Appellant s) or Authorized Agent
Date:
M
c)-
f l o /£
If signed
by
agent, appellant s) must also sign below.
Agent Authorization
to act as my/our representative and to bind me/us
in
all matters concerning this appeal.
Signature of Appellant s)
Date:
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Exhibit 4: Appeal of City CDP Action
A-3-CML-15-0033 (Carmel Beach Fire Mngt Pilot Program
Page 4 of 6
APPEAL FROM COASTAL PERMIT DECISION OF LOCAL GOVERNMENT Page 3)
SECTION IV. Reasons Supporting This Appeal
PLEASE NOTE:
• Appeals oflocal government coastal pennit decisions are limited by a variety
o
factors and requirements
o
the Coastal
Act. Please review the appeal infonnation sheet for assistance in completing this section.
• State briefly your reasons for this appeal. Include a summary description o Local Coastal Program, Land Use Plan,
or Port Master Plan policies and requirements in which you believe the project is inconsistent and the reasons the
decision warrants a new hearing. Use additional paper as necessary.)
• This need not be a complete or exhaustive statement o your reasons
o
appeal; however, there must be sufficient
discussion for staff to detennine that the appeal
is
allowed by law. The appellant, subsequent
to
filing
th
appeal, may
submit additional infonnntion to the staff and/or Commission to support the appeal request.
\ ~
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Exhibit 4: Appeal of City CDP Action A-3-CML-15-0033 (Carmel Beach Fire Mngt Pilot Program
Page 5 of 6
Our
safety concerns revolve around the fact that the unique, rugged and ever
changing topography of Carmel beach is not conducive to multiple) fire
pits. Carmel Beach
is
not a wide, open and flat expanse of beach, like you have in
Southern California where you do see more fire pits. Here, surf often comes up high
onto the beach even in spring and summer. Vast amounts of sand and kelp are
pulled onto the shore and then back out into the bay. Frequent winds also displace
sand and alter the beach topography. Daily tides constantly alter the width of
accessible beach.
This will all create significant risk for the following hazards:
**Pits
being swept out
and the real danger of them
becoming lodged
on
the
sandbar and a surfer swimmer getting injured from this. The sand is hard
enough without a concrete or foreign
body
there. It is also a concern that this
contributes to degrading the ocean environment
by
being
another
trash
item
swallowed
by
the
sea.
**Tripping hazard especially
for
young
children
and visually impaired when
the pits are highly visible.
When the
pits become obscured and covered
with
sand and kelp, as will
happen
often due to
the
nature
of
Carmel Beach,
they
will be hidden
hazards
for all.
**The fire
pits
will create
obstacles
for
free
and
unfettered activity
on the
beach thereby restricting free use of
public
beach for chosen activities. They
will also force beach
users
closer to the
water
line, a danger on a
beach
unattended by lifeguards.
Additionally, the added activity close to
the
water line and the fact that pits
often become
depositories
for
trash
will increase
the potential pollution into
the
Bay and marine
sanctuary.
Working from the city of Carmel-by-the-Sea
Local
Coastal Program, volume 1
coastal land use plan November 2002) note; the 2004
LCP
is the most recent but I
was not able to access that one online)
There are many goals, objectives and policies put forth in the LCP that this fire pit
pilot program conflicts with. I can site P9-112 and P9-113 that state beach
activities remain consistent with maintaining the natural beach setting and the
informal atmosphere. 09-21 speaks to ensuring that any new structure or
development is visually compatible with the natural beach environs.
G9-6
states
maximum public access and recreational use of the shoreline will be provided.
There are also sections outlining the encouragement of organized beach clean up
and educational methods to promote proper beach usage and prevent
environmental damage. P9-167 specifically prohibits any construction of
substantial or permanent structures on the beach
or
within the bay.
The entire
LCP
was written to preserve and protect the longstanding way of beach
life in Carmel, and ensure that the integrity of the unique natural rugged beauty of
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Exhibit 4: Appeal of City CDP Action A-3-CML-15-0033 (Carmel Beach Fire Mngt Pilot Program
Page 6 of 6
the beach is protected. Scarring the beach with fire pits should not be the first line
of action in addressing concerns.
This rush to this pilot program has not allowed for any formal data collection to
identify, verify and assess perceived problems and issues.
Any data presented was informal and
not
collected over a period of time. Much of
the
testimony has been subjective.
For example, sand degradation; there are many factors, including natural forces, at
play
that
contribute to the sand discoloration/degradation. Without a formal study
and analysis over a period of time, we don t really know
the
extent of contributing
factors and therefore cannot thoughtfully look for solutions.
There is also the issue of accountability for this pilot program. How is this program
to
be
measured, and by whom, and against what, since there are no formal
metrics
data in place.
We all agree that it is vital to manage and protect Carmel Beach and Carmel Bay
There are indeed many more people
that
come to enjoy this amazing spot and we all
need
to
be thoughtful and respectful stewards of this incredible resource. However,
the process of looking for possible working solutions to
try
to help manage Carmel
Beach has been pushed aside in favor of rushing into a program
that
dramatically
alters the beach and it s recreational usage, while potentially creating other new
serious problems.
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Beach FireManagement
Pilot Program
Revised Program of November 2015
Exhibit 5: City's Revised Project Proposal (November 2015 A-3-CML-15-0033 (Carmel Beach Fire Mngt Pilot Program
Page 1 of 14
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Table of Contents
I. Executive Summary ................................................................................................ 2
Objectives
Keys to
Success:
Measurement,
Reporting
and
Evaluation
II. Fire Devices ............................................................................................................ 6
Dimensions
Usage
Hours of Use
Availability
Exceptions
Cleaning
Hazard
Avoidance
Locations
III. Public Education and Enforcement ....................................................................... 11
Exhibit 5: City's Revised Project Proposal (November 2015 A-3-CML-15-0033 (Carmel Beach Fire Mngt Pilot Program
Page 2 of 14
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BEAC H FIRE MANAG EMENT PILOT PROGRAM - NOVEMBER 2015
“Lower cost visitor and recreational facilities shall be protected and encouraged an
Developments providing public recreational opportunities are preferred (Policy P4‐
“Provide adequate facilities that will serve the needs of the public, mitigate damag
respect the neighborhood (Goal 4‐3)”
Managing the number of beach fires together with restricting beach fires to propane‐fueled
degradation of the sand while also increasing public safety and enhancing ambient air and w
with the Coastal Access and Recreation Element of the City’s Local Coastal Plan (LCP). The p
balance these objectives and develop options in accordance with the goals and objectives c
Keys to Success: Measurement, Reporting and Evaluation
Program Elements:
Objective O‐1 Preserve Sand Quality
Measurement: Eliminate charcoal and burned logs from the sand. R
fueled, in City‐sponsored devices available to the public and through
eliminating wood and charcoal residue from the sand, the quality of C
preserved / enhanced. Prior to implementation of the pilot program a
implementation, the condition of the beach would be documented th
footage to demonstrate the effectiveness of the program in improvin
shoreline
areas.
The
City
recently
obtained
an
aerial
video
of
the
beaprogram amount of charcoal located throughout the beach. The City
aerial video footage following the first year of the program, and pote
the first post‐program footage is inconclusive, to document the progr
beach. Photos would also be taken from the bluff top at the set (fixe
to assess beach cleanliness and appearance.
Pictured below is a close up of
sand grains on Carmel Beach
Exhibit 5
A-3-CM
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BEACH FIRE MANAGEMENT PILOT PROG RAM - NOVEMBER 2015
that are permissible, and options for obtaining user‐supplied devices
Unified Air Pollution Control District (MBUAPCD) established an air qu
private property along Scenic Drive in May 2015, and has been collec
The City will continue to work with MBUAPCD staff to monitoring air
program on air quality for beach goers, Scenic Road pathway users, a
above in
Objective
O
‐1,
both
photographic
and
video
footage
would
c
evaluated to demonstrate the reduction of charcoal litter on the beac
Reporting:
During the pilot program, City staff will provide monthly updates to t
Commission at scheduled public meetings on the status of the pilot p
comment on the components of the program. Two to three months
pilot program, a report will be presented before to the City’s Forest a
Planning Commission, and City Council, to assist in determining if the
The report will be shared in draft form with Coastal Commission staff
discussion of the program, and each year, a final year‐end report will Commission staff for documentation.
Exhibit 5
A-3-CM
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BEACH FIRE MANAGEMENT PILOT PROG RAM - NOVEMBER 2015
Fire Devices
Dimensions and Style
The initial City‐sponsored devices to be tested and used would be m
dimensions between
16
‐24
inches
high
and
30
‐48
inches
wide.
These devices weigh between 100‐200 pounds and will be partially
propane tank for the initial devices would be secured via a chain an
fire device. These devices are designed to remain fixed and not be
public or special event organizers. For the first year of the program,
more different units to gauge appearance, reliability, and ease of o
the program, the City will convene a review Committee to develop
these City‐sponsored devices.
In addition, beach goers would be allowed to bring and user smalle
devices. City staff would identify and test several off ‐the‐shelf mod
City would disseminate information on its website regarding a list o
options, their cost, where they can be obtained. The recommende
on user feedback and City staff observations.
Exhibit 5
A-3-CM
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BEACH FIRE MANAGEMENT PILOT PROG RAM - NOVEMBER 2015
Pictured below are two examples of potential initial options for the City‐sponsored fire devices.
Pictured below are two examples of potential user‐supplied fire device options.
Exhibit 5
A-3-CM
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8/20/2019 CCC f12b-12-2015 City of Carmel Beach Fire Management Pilot Program
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BEACH FIRE MANAGEMENT PILOT PROG RAM - NOVEMBER 2015
Messaging: The City’s public education materials and signage program would explain the purpose of the
encourage responsible and safe beach use while protecting the character of Carmel Beach and the resou
(i.e., ambient air and water quality).
Personal outreach/contact: The City intends to use a combination of private security staff, police staff a
to the public. This would help ensure coverage during the entire week, including peak weekends in part
officers would
be
trained
by
the
Carmel
Police
Department
regarding
the
beach
fire
rules,
and
would
ser
educational resource to explain the rules to the public. In the event that additional support is needed, t
contact the Carmel Police Department and have an officer dispatched to the beach as needed. In additio
police officer dedicated to patrolling the beach will be available for the peak summer season and be on h
violations of beach fire rules. The City also plans to utilize local volunteers, some stationed at the beach
the beach, to explain the rules, help notify the public about the availability of City‐sponsored and user‐su
regarding where beach users are from (in order to help target additional public education and outreach)
the beach fire rules. These volunteers may also provide other observations about the pilot program in g
able to provide informational cards that explain the rules to members of the public. The cards would ha
to a comment form on the City’s website and an email address so the public can provide feedback on the
Exhibit 5
A-3-CM
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BEACH FIRE MANAGEMENT PILOT PROG RAM - NOVEMBER 2015
Figure 1: Map of Carmel Beach Access Points and Potential Initial City ‐Sponsored Fire Device Locations
10th
Avenue
Start of
placement
of fire
devices
Access point
Access pointAccess point
Approximate locations of City‐sponsored propane fire devices; device to be placed a
minimum of 25 feet from base of bluff.
Access point
Exhibit 5
A-3-CM
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Beach Fire
Management
Pilot Program
Exhibit 6: Beach Fire Mngt Pilot Program May 2015 A-3-CML-15-0033 (Carmel Beach Fire Mngt Pilot Program
Page 1 of 9
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Table of Contents
I. Executive Summary ...................................................................................................... 2
Objectives
Measurement and Reporting………………………………………………………………………………………….3
II. Fire Devices .................................................................................................................. 4
Dimensions
Usage-Materials that Can Be Burned
Hours of Use
Availability
Exceptions
Cleaning
Seasonal Use
III. Location of Fire Rings ................................................................................................ ....5
IV. Education and Enforcement .......................................................................................... 6
Exhibit 6: Beach Fire Mngt Pilot Program May 2015 A-3-CML-15-0033 (Carmel Beach Fire Mngt Pilot Program
Page 2 of 9
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BEACH FIRE MANAGEMENT PILOT PROGRAM - MAY 2015 2
Executive Summary
The City of Carmel-by-the-Sea seeks to continue the recreational opportunity of beach fires while
exploring options to minimize the impacts of beach fires on the community and the sensitive
environmental resources of the beach. As such, a one-year pilot program has been designed that
consists of the placement of twenty-six (26) fire containment devices along the Carmel Beach in
designated areas where beach fires are currently allowed. These devices will be used for wood-or charcoal-burning fires in an effort to prevent charcoal from directly contacting the sand as well
as to manage the number of wood-burning fires occurring on Carmel Beach. The devices will be
located in areas near the beach access staircases from Tenth Avenue to Santa Lucia. There will
be no cost to the public to use the fire containment devices; the devices will be available on a
“first come, first serve” basis. The City will ensure the fire devices are regularly monitored and
cleaned frequently. The pilot also includes enhanced educational and enforcement efforts,
including the use of private security, City police officers and volunteers to educate the public
about the pilot program and its associated rules.
Objectives
The principles of the beach fire management pilot program are twofold: (1) limit the
number of fires and (2) not allow fires to be built directly on the sand. The objectives
are to: (1) eliminate direct contact of charcoal and burning logs with the sand and (2)
to reduce the amount of smoke from wood-burning fires.
The containment of a wood- or charcoal-burning fire within a device minimizes the
degradation of the sand in accordance with the Coastal Access and Recreation
Element of the City’s Local Coastal Plan (LCP):
“Allow beach users the opportunity to enjoy a fire for warmth or cooking,
while protecting the sand from degradation (Objective 4-10)”
Recreational fires constitute a low- to no-cost recreational experience for many
beachgoers. However, the local community has raised concerns regarding air quality
and the curtailed enjoyment of other recreational activities at or near the beach due
to excessive smoke from unmanaged beach fires.
The pilot program attempts to balance these objectives and develop options in
accordance with the goals and objectives contained within the LCP:
“ Manage the City's beach, park and open space resources in a manner to
encourage use and enjoyment by residents and visitors (Objective 4-9)”
“Provide adequate facilities that will serve the needs of the public, mitigatedamage to the environment and respect the neighborhood (Goal 4-3)”
“Provide for a wide variety of passive and active recreational experiences
for all beach users while protecting the resource values of beach environs
(Goal 4-4)”
Exhibit 6: Beach Fire Mngt Pilot Program May 2015 A-3-CML-15-0033 (Carmel Beach Fire Mngt Pilot Program
Page 3 of 9
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BEACH FIRE MANAGEMENT PILOT PROGRAM - MAY 2015 3
Keys to Success: Measurement, Reporting and Evaluation
Measurement:
Objective- Eliminate charcoal and burned logs from direct contact
with the sand: As part of routine cleaning of the fire containment
devices, the City will measure the amount of charcoal contained within
the devices during cleaning as well as note type of materials foundwithin the device. Pictures will also be regularly taken to demonstrate
the amount of charcoal and other debris within the devices and in the
immediate vicinity of the device (i.e. if the sand around the device is
also free of charcoal). The City recently obtained an aerial video of the
beach that documents the pre-program amount of charcoal located
throughout the beach. The City will obtain another aerial video filmed
toward the conclusion of the pilot program to document the
program’s effect on cleanliness of the beach. Photos taken from the
bluff top at the same set locations at regular intervals will also occur to
assess cleanliness and appearance.
Objective- Reduce the amount of wood smoke to community and
beach users affected by the fires:
The City will establish monitoring site(s) to determine baseline
concentrations and smoke impacts associated with wood-burning
beach fires. At a minimum, sampling will occur during peak times of
the year, such as holiday weekends.
Reporting:
During the pilot program, City staff will provide monthly updates tothe City’s Forest and Beach Commission at scheduled public meetings
on the status of the pilot program and receive public comment on the
components of the program. Three months before the end of the pilot
program, a report will be presented before to the City’s Forest and
Beach Commission, City Planning Commission, and City Council as well
as Coastal Commission staff for review and to assist in determining if
the pilot program should continue.
Pictured below is a
close up of sand grains
on Carmel Beach
Exhibit 6: Beach Fire Mngt Pilot Program May 2015 A-3-CML-15-0033 (Carmel Beach Fire Mngt Pilot Program
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BEACH FIRE MANAGEMENT PILOT PROGRAM - MAY 2015 4
Fire Devices
Dimensions
The initial devices to be tested and used will be made from steel with
approximate dimensions between 22-24 inches high and 30-40 inches
wide.
These devices weigh between 100-200 pounds and will be partially
buried and secured in place. These devices are designed to remain
fixed and not be moved to other locations by the public or special
event organizers.
Usage
The fire devices are intended for wood or charcoal fires only. Only dry, clean and untreated
firewood may be burned. No driftwood, treated wood, pallets or other materials (such as
Christmas trees, furniture, and trash) will be allowed in the device.
No trash, glass or other materials will be allowed to be left in the device. Trash and recycle
containers are conveniently located at each beach staircase access point (above the stair
entrance on the Scenic Pathway/ Scenic Road.
Charcoal may also be used within the device, and “lump” charcoal is preferred. No
flammable liquids, such as fire starter, will be allowed to be used in the devices.
Hours of Use
The fire devices will be available from 7 a.m. to 10 p.m. seven days a week.
Availability
The fire devices will be available on a “first come first serve” basis and cannot be reserved or
held in advance for use except in limited circumstances associated with a properly-issued
special event permit. One fire device will be available for use with the issuance of a special
event permit from the City and in accordance with the City’s special event policies. As the
City generally limits special event permits to no more than one per day, this means that themajority of the 26 fire devices will be available for the general public.
Exceptions
During the holiday weekends of July 4th and Labor Day, to meet peak beach fire demand, up to
25 portable devices will be available for public use. This is in addition to the 26 semi-
permanent fire devices. User-supplied (i.e. “pack in and pack out”) propane portable devices
are also encouraged and allowed year-round south of Tenth Avenue and 25 feet from the
base of the bluffs.
Pictured above is an
example of one of the
fire device options
showing style, materials
and dimensions
Exhibit 6: Beach Fire Mngt Pilot Program May 2015 A-3-CML-15-0033 (Carmel Beach Fire Mngt Pilot Program
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BEACH FIRE MANAGEMENT PILOT PROGRAM - MAY 2015 5
Cleaning
Prior to the pilot start date, and in tandem with sand redistribution efforts if possible, the
beach will be cleaned using sifting devices and small equipment (above the kelp line and in
the corridor where the devices will be located). Once the devices are installed, the devices
will be hand cleaned using an all-terrain vehicle, shovels and other small hand and power
tools. The use of a vacuum equipment may be necessary during peak usage periods. The
devices will be cleaned up to five days/week, as needed, including Monday, Wednesday,
Friday, Saturday and Sunday. In addition, starting July 1, a Carmel Village/Beach
Superintendent employed by the waste hauler will be located at the beach five days a week.
Seasonal Use
The program includes seasonal use stipulations and trigger points for the timely removal of
fire devices prior to the devices being threatened by wave action. The intent of this program
component is to make fire devices seasonally available as long as possible, while still being
protective of sensitive environmental resources and avoiding public safety hazards.
Beach width and the upper reach of the wash of the waves vary throughout the year and fromseason to season. In general, the beach is widest in the summer months and narrows
considerably in the winter storm season, when storm-induced waves erode the berm and
lower the beach profile. The extent and timing of winter beach scour varies from season to
season. In some winters, the beach is nearly completely scoured out, such that the wash of
the waves is all the way up to the base of the bluff. In milder winters, there are areas of the
beach that are never scoured out, particularly in the more landward and protected areas of
the beach, such as the Tenth Avenue. In the typical winter, however, most if not all, of the
fire devices would be threatened by scour.
Initially, the target period for use of all 26 devices will be from April 1 to November 1. A
smaller set of beach fire devices, likely the 4-8 devices closest to the bluff at Tenth Avenuemay have a longer initial seasonal use: from March 1 to January 1. At the beginning of the
winter storm season (on or about November 1), City staff will monitor the condition of the
beach at least weekly, and ensure that the seasonal beach fire devices are removed prior to
being threatened by wave-induced beach scour. These dates will be monitored for their
effectiveness in preventing fire devices from wave wash and scour, and the dates will be
adjusted as appropriate. If set dates do not account well for the variation in severity of
seasonal beach scour, a performance-based approach will be used as an alternative.
In either alternative, the City intends to avoid having the devices be threatened by wave wash
or beach scour and certainly does not want the devices to be dislodged. An initial threshold or
trigger point for removal of a device will be if the upper wash of the waves is within 10 feet ofthe device. If this distance, in practice, does not provide sufficient time for City staff to
remove the device, a larger distance may be established.
If, there is an unusually early or heavy winter storm season, such that wave-induced scour
threatens to undermine the fire devices, City staff will remove any threatened devices earlier
in the year. Similarly, if a heavy winter storm season delays the post-winter recovery of the
beach, the City may delay the springtime installation of some of the devices.
Exhibit 6: Beach Fire Mngt Pilot Program May 2015 A-3-CML-15-0033 (Carmel Beach Fire Mngt Pilot Program
Page 6 of 9
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BEACH FIRE MANAGEMENT PILOT PROGRAM - MAY 2015 6
In addition, if there is an extraordinary storm or high-wave event forecasted outside of the
target use period, the devices will be removed and returned as soon as it is practical. On the
other hand, for exceptionally mild winter storm seasons, the devices may be kept in place for
a longer duration. Both the trigger points for removal and the determination of whether a
seasonal approach or performance approach is more effective will be components that the
pilot program will help identify.
Locations
The devices will be installed approximately at the following locations: up to two devices each
located near the staircases at 10th, 11th, 12th, 13th and Santa Lucia (ten total) and up to four
each in the coves between 10th and 11th, 11th and 12th, 12th and 13th and 13th and Santa Lucia
(sixteen total), provided that all locations are at least 25 feet from the base of the bluff and
are at least 50 feet apart from one another. Utilizing adaptive management, the devices may
be adjusted as needed due to topography of the beach, wave and tidal activity or to make
adjustments as a result of the collected air quality data. At no time during the program will
devices be installed north of the 10th Avenue staircase. A map of access points and
approximate locations for the devices are contained in Figure 1.
Public Education and Enforcement
Public education and outreach will be a key component of the pilot program. The City will
develop and disseminate public education materials to try to reach the public regarding the
pilot program and the new beach fire rules before they arrive at Carmel Beach. In addition,
the City will be using a combination of private security staff and a dedicated police officer to
educate the public about the rules, gather data and assist in monitoring the effectiveness of
the pilot program. The use of docents and other volunteers to help explain the rules to thepublic may also be added as part of the communication strategy.
Online Information: Both the City’s website and other associated websites, such as the
Carmel Chamber of Commerce and the Monterey Visitors and Convention Bureau, will be
updated to reflect the use of the fire devices and other beach rules. The City will also reach
out to other website providers that are geared toward activities at California beaches and
travel-related sites to explain the new rules and request assistance in providing updated
information to the public.
Other Sources of Information: Press releases to local newspapers and television stations will
also occur regarding the beach rules and the use of the fire devices for wood-burning fires as
well as outreach to schools, colleges and community groups. The hotel industry will also becontacted and given informational cards that can be provided to guests about the beach fire
rules. Local grocery stores will also be provided information to disseminate to customers,
including information that can be attached to wood sold at the stores.
Exhibit 6: Beach Fire Mngt Pilot Program May 2015 A-3-CML-15-0033 (Carmel Beach Fire Mngt Pilot Program
Page 7 of 9
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BEACH FIRE MANAGEMENT PILOT PROGRAM - MAY 2015 7
Signage: Once the public arrives at the beach, signage will provide information regarding the
locations of where fires are allowed and the use of the fire devices. Informational signage
regarding the purpose of the pilot program, as well as, the rules will be placed in at a minimal
number of key locations, such as the Del Mar Parking lot, at the beginning of the Scenic
Pathway at 8th Avenue and Scenic and starting at 10th Avenue, as beach fires are allowed
south of 10th Avenue. The 10th Avenue staircase in particular will have a marker identifying
the location to help delineate and differentiate where fires are allowed and not allowed.Signage indicating the use of fire devices, with a simple message, such as “fires in rings only”
will be placed near the staircases and other beach access points, and installed in locations that
minimize obstructions of coastal views, on railings, near the side of the staircases or on
landings half-way down the beach staircase. Signage materials will be simple and rustic and
made of wood, in keeping with Carmel’s existing aesthetic.
Messaging: As part of the public education materials and signage, the City intends to explain
the purpose of the pilot program, which is to encourage the beach to be used responsibility
and sustainably by allowing beach fires to continue while limiting the amount of smoke from
wood-burning fires and limiting the amount of, and impacts from, charcoal and burned logs
on the sand. Personal outreach/contact: The City intends to use a combination of private security staff,
police staff and volunteers to explain the rules to the public. This will help ensure coverage
during the entire week, including peak weekends in particular. The private security officers
are trained by the Carmel Police Department on customer service and the beach fire rules and
will serve as a friendly and helpful educational resource to explain the rules to the public and
help gather data regarding the number of fires occurring within and outside of the devices. In
the event that additional support is needed, the security officers are able to contact the
Carmel Police Department and have an officer dispatched to the beach as needed. In
addition, the City anticipates that a police officer dedicated to patrolling the beach will be
available for the peak summer season and be on hand to address issues regarding violations
of beach fire rules. The City also plans to utilize local volunteers, some stationed at the beach
staircases, and others walking the beach, to explain the rules, help notify the public about the
availability of fire devices, track data regarding where beach users are from (in order to help
target additional public education and outreach) and document compliance with the beach
fire rules in general and other observations about the pilot program in general. The
volunteers will be able to provide informational cards with the rules. The cards will have a
comment suggestion and link to a comment form on the City’s website and email address so
the public can provide feedback on the pilot program.
Exhibit 6: Beach Fire Mngt Pilot Program May 2015 A-3-CML-15-0033 (Carmel Beach Fire Mngt Pilot Program
Page 8 of 9
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BEACH FIRE MANAGEMENT PILOT PROGRAM - MAY 2015 8
Figure 1: Map of Carmel Beach Access Points and Fire Device Locations
10th
Avenue
Start of
placement
of fire
devices
Access point
Access point,
public restroom
Access point
Access point
Access point
Approximate locations of devices; device to be placed a minimum of 25 feet from base of
bluff and minimum 50 feet apart from another device
Exhibit 6: Beach Fire Mngt Pilot Program May 20
A-3-CML-15-0033 (Carmel Beach Fire Mngt Pilot ProgrPage 9
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Attachment 1
1
Exhi
A-3-CM
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Attachment 1
2
July 4th
Exhi
A-3-CM
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Attachment 1
3
Exhi
A-3-CM
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Exhibit 8: Urgency Ordinance Prohibiting Beach Fires
A-3-CML-15-0033 (Carmel Beach Fire Mngt Pilot Program
Page 1 of 6
PU LIC
NOTICE
Emergency Coastal Permit ECP 15-280)
Background: On August 6, 2015, the City Council ofCannel-by-the-Sea adopted Ordinance
2015-005, an urgency ordinance placing a 45-day moratorium on beach fires
on
the days
of
Friday through Sunday, and all national or State holidays. The 45-day moratorium permits beach
fires on Monday through Thursday, with a requirement that fires be located a minimum of 100
feet from the bluff. Pursuant to City Municipal Code Section 7 .52.180, the Planning Director
has issued an Emergency Coastal Permit ECP 15-280) for the 45-day moratorium and associated
stgnage.
Proposed Action:
Issuance
of
an Emergency Coastal Permit ECP 15-280)
y
the Planning
Director for a 45-day moratorium on beach fires
on
the days of Friday through Sunday, and all
national or State holidays. Beach fires are permitted Monday through Thursday, with a
requirement that fires be located a minimum of 00 feet from the bluff. The Emergency Coastal
Permit includes the authorization for temporary signage at the top of each beach access stairway
between 8th and Santa Lucia A venues, and at the intersections
of
San Antonio and Ocean,
Scenic and Ocean, and Scenic and 8th Avenues.
Project Location: Cannel-by-the-Sea Beach, between lOth Avenue and Martin Way.
Coastal Permit Status: Required
Applicant: City ofCannel-by-the-Sea
Planning Case No.:
ECP 15-280
Case Planner:
Marc Wiener, Acting Planning Director Main Line Phone: 620-201 0)
Date
o
Notice:
August 7, 2015
Date Posted:
C ;; { {l
S
r;a
v
Posted By: /
Location Posted: City Hall, Harrison Memorial Library, and the Carmel Post Office
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Exhibit 8: Urgency Ordinance Prohibiting Beach Fires
A-3-CML-15-0033 (Carmel Beach Fire Mngt Pilot Program
Page 2 of 6
8/20/2019 CCC f12b-12-2015 City of Carmel Beach Fire Management Pilot Program
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Exhibit 8: Urgency Ordinance Prohibiting Beach Fires A-3-CML-15-0033 (Carmel Beach Fire Mngt Pilot Program
Page 3 of 6
CITY OF CARMEL BY THE SEA
DEPARTMENT OF COMMUNITY
PLANNING
AND BUILDING
FINDINGS
FOR
APPROVAL
Application ECP
15-280
APN:
various
Location Carmel Beach
Between lOth Avenue and Martin Way
Applicant
City
of
Carmel-by-the Sea Date August 10, 2015
Marc Wiener, Acting Planning Director
ACTION:
Issuance of
an
Emergency Coastal Permit
{ECP
15-280) by the Community Planning and Building
Director
RECITALS:
1. The Carmel-by-the-Sea municipal code currently allows beach fires on the southern part
of Carmel Beach {south of Tenth Avenue) between the hours of 8:00a.m. 10:00 p.m.
2. Beach fires most frequently consist of wood-fueled fires built directly on the sand, which
generates large amounts of smoke and fine particular matter, a known public health
hazard.
3.
Specialists with the Monterey Bay Unified Air Pollution Control District {MBUAPCD have
collected data on air quality at a residential property on Scenic Road in Carmel-by-the
Sea resulting in indications that there are high levels of fine particulate matter {PM 2.5)
from smoke presenting substantial air quality impacts during peak fire use periods.
4. On
August 6 2015, the City Council of Carmel-by-the-Sea adopted Ordinance 2015-005,
an urgency ordinance placing a 45-day moratorium on beach fires on the days of Friday
through Sunday, and all national or State holidays.
The
45-day moratorium permits
beach fires
on
Monday through Thursday, with a requirement
that
fires
be
located a
minimum of 100 feet from the bluff.
5.
The City Council s decision
to
adopt Urgency Ordinance 2015-005
was
based on data
collected from the Monterey Bay Unified Air Pollution Control District indicating
that
the
excessive number of beach fires during peak fire
use
periods cause a rise in the
PM
2.5
concentration in the air which at times exceeds air quality standards and creates an
immediate potential public health hazard.
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Exhibit 8: Urgency Ordinance Prohibiting Beach Fires A-3-CML-15-0033 (Carmel Beach Fire Mngt Pilot Program
Page 4 of 6
ECP
15-280
Findings or Approval
August 10, 2015
Page 2
6.
Municipal
Code
Section 17.52.180 authorizes the Community Planning and Building
Director to
issue an
Emergency Coastal Permit
ECP
15-280) upon verification
o
an
emergency. The Planning Director
has
verified the existence
o
an
emergency.
7. Staff from the Community Planning and Building Department evaluated the potential
environmental impacts o the project and determined that the project meets the criteria
or a statutory exemption under Section 15269 Emergency Projects) o the State
Guidelines or the Implementation o the California Environmental Quality Act CEQA).
FIN INGS
FOR APPROVAL
After reviewing public testimony
and
evidence presented at the August
6,
2015 City Council
meeting, the Planning Director makes the following findings:
1 An
excessive
number o beach fires during peak fire
use
periods cause a
rise
in the
PM
2.5
concentration in the air, which at times
exceeds
air quality standards and creates
an
immediate potential public health hazard/emergency.
2.
The nature o the emergency requires that action be taken more quickly than would
occur following normal permit procedures.
3. Public notice o the Emergency Coastal Permit EPC 15-280) was posted at City Hall,
Harrison Memorial Library, and the Carmel post office by the Planning Director on
August 7, 2015. The public notice identifies the nature o the activity and work to occur.
4. The Emergency Coastal Permit is temporary and pursuant to Municipal Code Section
17.52.180, the Planning Director will apply or a regular permit within 30
days
from the
issuance o this emergency permit.
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Exhibit 8: Urgency Ordinance Prohibiting Beach Fires
A-3-CML-15-0033 (Carmel Beach Fire Mngt Pilot Program
Page 5 of 6
CITY OF CARMEL BY THE SEA
DEPARTMENT
OF
COMMUNITY PLANNING AND BUILDING
CONDITIONS
OF
APPROVAL
Application ECP
15-280
APN: various
Location:
Carmel Beach
Between
lOth
Avenue
and
Martin Way
Applicant:
City of Carmel-by-the
Sea Date
August 10, 2015
Marc Wiener, Acting Planning Director
AUTHORIZATION
1. This issuance of
an
Emergency Coastal Permit
ECP
15-280} authorizes a 45-day
moratorium on beach fires on the days of Friday through Sunday, and all national or
State holidays. Beach fires are permitted Monday through Thursday, with a
requirement th t fires be located a minimum of 100 feet from the bluff. The Emergency
Coastal Permit includes the authorization for temporary signage at the top of each
beach
access
stairway between 8th and Santa
Lucia
Avenues, and at the intersections of
San
Antonio
and
Ocean,
Scenic
and Ocean, and
Scenic
and
8th
Avenues.
SPECIAL CONDITIONS
2.
This Emergency Coastal Permit
ECP
15-280} shall expire 45 days
from the
issuance
of
Urgency Ordinance 2015-005, on Sunday, September
20,
2015.
3.
Temporary signs located at the
top
of
each
beach
access
stairway between 8th and
Santa
Lucia
Avenues shall have dimensions of 8.5 x 11 . Temporary signage located at
the intersections of San Antonio and Ocean, Scenic and Ocean, and Scenic and
8th
Avenues shall have dimension of 2' x 3'. The design of the signage shall be consistent
with the image included as Attachment
A. Sign
instructions may be fined and clarified
as necessary during for the duration of this emergency permit.
4.
Within
30
days of the issuance of this permit the Planning Director shall apply
for
a
regular Coastal Development Permit for the beach fire moratorium and associated
sign
age.
Marc Wiener, Acting Planning Director Date
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Exhibit 8: Urgency Ordinance Prohibiting Beach Fires
A-3-CML-15-0033 (Carmel Beach Fire Mngt Pilot Program
Page 6 of 6
Attachment Temporary Signage Design EPC 15-280)
BEACH
FIRES
PROHIBITED
FRIDAY THROUGH SUNDAY
H0
LIDAVS
CITY ORDINANCE NO.
2015-004)
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Exhibit 9: Richard Stedman Lette
A-3-CML-15-0033 (Carmel Beach Fire Mngt Pilot Program
Page 1 of 2
' : / ~ : £ ' 2 .
AI Pollution
Conuo/
District
Serving Monterey, San Benito and Santa Cruz Counties
24580 Silver Cloud Court
Monterey, C 93940
PHONE: {831 647-9411 ·FAX: {831} 647-8501
1974 2014
Celebrating 40 years
of
clean air
August 18, 2015
Mike Watson
Coastal Program Analyst
California Coastal Commission
Central Coast Office
725 Front St.,
Ste
300
Santa Cruz, CA 95060
RE CARMEL BEACH FIRES
Dear Mr. Watson:
E
AUG 2 4 2 15
C LIFORNI
~ n L \ S T I \ L cm,n:'/ ;)elrfll
As you may
be
aware, the
Monterey Bay
Unified Air Pollution Control District (District)
has
been working
closely with Carmel-by-the-Sea in an effort
to
reduce smoke emissions
from
fires on the City's beach.
The District has received numerous complaints over the years from residents
that
have been impacted
by
the
beach fires. In the past several months
the
District has received over 50 emails requesting that
something be done about
the
smoke from fires at Carmel Beach.
Since May 22, 2015, the District has been continuously monitoring particulate matter pollution smaller
than 2.5 micrometers in diameter {PM2.5) at a residence near
the
intersection of Scenic Road and 13th.
Carefully selected by the District
to
be representative
of
air quality conditions along
the
beach,
the
E-
BAM mass monitor is secure and cannot be seen by the public.
Air monitoring results demonstrate
that
residents are being exposed
to
significant levels
of
particulate
matter
pollut ion from beach fires, especially over weekends and holidays.
In
fact, particulate
matter
concentrations averaged over one and eight hours during the July
th
weekend were high enough
to
cause health concerns for sensitive populations. According to US
EPA s
Wildfire Smoke Guide for Public
Health Officials,
the
recommended action
to
protect public health, based on the levels detected at our
monitoring site, would have been
to
prepare residents
for
evacuation and identify sites for clean air
shelters.
Of
course, wildfires are typically more prolonged than beach fires. However, the frequency
and duration of exposure for residents at Carmel Beach may be longer than that of a wildf ire since
beach fires may
be
renewed on a daily
basis.
The health effects associated with smoke exposure range from eye and respiratory tract irritation
to
more serious diseases and disorders, including reduced lung function, bronchitis, exacerbation of
asthma and premature death. PM2.5, the respirable fraction of smoke, can penetrate deep into the
respiratory system and bloodstream and
cause
adverse health impacts, including cardiovascular
damage, especially
for
sensitive populations such as the elderly, children and people
with
preexisting
health conditions.
Richard A. Stedman, Air
Pollution
Control
Officer
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Exhibit 9: Richard Stedman Lette A-3-CML-15-0033 (Carmel Beach Fire Mngt Pilot Program
Page 2 of 2
Unlike woodstoves, where an occupant may be relying on the heat generated by a wood fire
to
warm
thei r residence, beach fires are not necessary. Considering the fact
th t
prohibited materials are often
burned along with wood in these open and uncontrolled fires, there is
an
additional concern over
exposure
to
toxic air contaminants or hazardous air pollutants such
as
dioxin, heavy metals and
polycyclic aromatic hydrocarbons.
These
materials can
be
found in the fire
pit
ash Many
of
these toxic
substances are persistent and bioaccumulative.
Besides the potent ial adverse health effects caused by wood smoke from beach fires, there is also a
quality
of
life issue
The
odors associated with wood smoke can interfere with a resident's personal
enjoyment
of
their property, thereby creating a nuisance. Smoke odors can be detected at
concentrations much lower than those th t cause health impacts. Many residents near Carmel Beach
have shut thei r doors and windows during the warmer summer months in an
effort to
keep smoke odors
from invading their homes. The District's Rule 402 is based on California Health and Safety Code 41700
th t
states, No person shall discharge from any source whatsoever such quanti ties
of
air contaminants
or other materials which cause injury, detr iment, nuisance, or annoyance to any considerable number of
persons or
to
the public; or which endanger the comfort, repose, health, or safety
of
any such persons
or the public; or which cause, or have a natural tendency
to
cause, injury or damage
to
business or
property.
The District fully supports Carmel by-the-Sea's efforts
to
reduce wood smoke from Carmel Beach
Limiting
the
number
of
fires rings on the beach
is
a common
sense
approach
th t
should
be
effective in
addressing this problem. Increasing the setback distances of the fires from residences and the use
of
propane instead of wood are also reasonable steps
th t
may significant ly reduce smoke impacts to
nearby residents.
The
current moratorium on weekend beach fires during the appeal process
with the
Coastal Commission will also allow the City
to
provide even-handed and uniform enforcement during
periods when the smoke emissions potential
is
very high.
Please
feel free
to
contact me
if
you have any questions regarding this letter.
Sincerely,
Richard
A
Stedman
Cc: Ken Talmage, City Council Member
Doug Schmitz, City Administrator
Rob Mullane, Public Works Director
Marc Wiener, Senior Planner
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Exhibit 10: Beach Fire Prohibition Signs
A-3-CML-15-0033 (Carmel Beach Fire Mngt Pilot Program
Page 1 of 3
Attachment Temporary Signage Design EPC 15-280)
BEACH FIRES
PROHIBITED
FRIDAY THROUGH
SUNDAY
HOLIDAYS
CITY ORDINANCE
NO. 2015-004)
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A-3-CM
8/20/2019 CCC f12b-12-2015 City of Carmel Beach Fire Management Pilot Program
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Exhibit 10: Beach Fire Prohibition Signs A-3-CML-15-0033 (Carmel Beach Fire Mngt Pilot Program
Page 3 of 3
/
BEACH
FIRES
PROHIBITE
FRIDAY
THROUGH SUNDAY
HOL I D YS
TY oRD
INANCE
NO .
2015
00
4
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Exhibit 11: CCC Staff Correspondence w City A-3-CML-15-0033 (Carmel Beach Fire Mngt Pilot Program
Page 1 of 11
STATE
OF CALIFORNIA-
NATURAL
RESOURCES AGENCY
CALIFORNIA COASTAL COMMISSION
CENTRAL COAST DISTRJCT OFFICE
725 FRONT STREET, SUITE 300
SANTA CRUZ, CA
95060
PHONE:
83 I)
427-4863
FAX: (83I) 427-4877
WWW.COASTAL.CA.GOV
Sharon Friedrichsen
Carmel-by-the-Sea
PO Drawer G
Cannel, CA 93921
EDMUND G. BROWN JR., o
April 20 2015
Subject:
Coastal Development Permit P 15-10 Carmel Beach Fire Management Program)
D e a r M s F ~ ~
We received a copy of the City s staf f report on Coastal Development Permit MP 15-10 (Carmel
Beach Fire Management Program (Program)) on April 7, 2105 in advance
of
its
April8,
2015
Planning Commission hearing. The Program is intended to implement new rules for beach fires
to address public safety and health, degradation in the quality of beach sand, and other issues
associated with overuse ofthe beach (e.g., trash, noise, etc.). The Program extends along Carmel
Beach south
of
lOth Avenue and is within the City's retained pennitting jmisdiction. The
Program also lies within the Coastal Commission's appeal jurisdiction. For these reasons, the
standard of review is the
City s
Local Coastal Program (LCP). The intent of the following
comments is to alert the City to the project's potential conflicts with the LCP and to allow the
City the opp01iunity to
make
the necessary changes to its approval to avoid a Commission
appeal. Please see the following comments and recommendations below.
1
Program not adequately defined. The Program in its cuiTent form is too vague. Other
than
a
general description of the Program in the staff report findings, there
isn t
adequate detail to
fully evaluate the Program for consistency with the LCP. We recommend the City prepare a
plan that contains all the elements and details of the Program, stmiing with a site plan that
illustrates the context
ofthe Progrm11
such as the Program's location, location
of
access
points, fire rings, restrooms, etc. The Program must also contain all the specific project
details that will be implemented over the comse
of
the pilot period and include the
objectives, purpose, and specific details, such as the number
of
rings, size, design, use
provisions, exceptions, signage, maintenance provisions, educational elements, performance
review criteria, etc. Much
of
this has already developed
by
the City but now needs to be
expanded and compiled into a comprehensive Progrm11 for evaluation at the next public
hearing for the project. .
2. Reservation System.
In past discussions with City staff, we have indicated that Commission
staff would view a reservation system as an impediment to public access and recreational
opportunities on Cm111el Beach. We have also indicated that a reservation system would be
inconsistent with current LUP guidm1ce that beach fires be available to all beach users.
In
order to comply with the LUP policies that protect lower cost visitor-serving and recreational
facilities, the fire rings must be made available on a first come first serve basis. Any
lm1guage to the contrary should be deleted from the Program. One possible exception would
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Exhibit 11: CCC Staff Correspondence w City A-3-CML-15-0033 (Carmel Beach Fire Mngt Pilot Program
Page 2 of 11
Sharon Friedrichsen
Carmel Beach Fire Management Program
April20, 2015
Page 2
be that fire rings could be reserved in combination with special events and a special event
permit. This exception however should be appropriately limited
to
ensure that the general
public has adequate access to the fire rings.
3. Timing o Seasonal Use. One area of the Program that appears
to
require fmiher refinement
is
the timing on seasonal use of the fire rings. The Program must include specific guidance
on when fire rings will be available on Carmel Beach, including when it is appropriate to
remove and replace the rings during winter and spring months. The presumption should be
that persons have the ability
to
have a fire throughout the year including during the winter,
except during periods of exceptional storm driven wave run-up and scour when the beach is
not safely accessible. Additionally, the City should consider maintaining several fire rings
during the winter in areas
ofthe
beach that are less susceptible to wave run-up and scour.
Again, the presumption should be that beach fires are allowed during the entire year unless
extreme hazardous conditions exist on the majority
of
the beach. See LUP Coastal Access
and Recreation Element Policies
04-14,
P4-57 and Zoning Ordinance Section 17.20.20.E.
4. User Supplied Propane Devices. User-supplied propane devices could be an impediment to
having a beach fire pmiicularly for those who have had wood fires on the beach in the past
and/or those who are unfmniliar with the revised beach fire rules. Additionally, these devices
o
not provide the same experience as a wood fire in terms of warmth, light, and ambiance.
Finally, these devices do not appear to be consistent with the City s LCP which provides for
year-round wood fires. We recommend that the City delete this aspect
of
the Program unless
t is necessary to expand the list of allowable uses on the beach, including those that support
the use
of
user-supplied propane or gas devices for cooking.
5. Term ofth Permit. The City must define the term
of
the coastal permit for the Program.
The current s taff report findings indicate that the term
of
the pilot project will be between
three and five years. Commission staff recommends that the pilot project be limited to three
years, which should be adequate time to assess Progrmn efficacy. In any case, however,
please define the exact term of the permit (e.g., three years or five years).
Thank you for your consideration of these comments, which we feel are necessary to ensure that
the beach fire management program is consistent with the LUP s public access and recreation
policies. Please
o
not hesitate to contact me if you should have any questions regarding this
matter.
Sincerely,
h ; k W ~
Mike Watson
Coastal Planner
Central Coast District
8/20/2019 CCC f12b-12-2015 City of Carmel Beach Fire Management Pilot Program
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Exhibit 11: CCC Staff Correspondence w City
A 3 CML 15 0033 (C l B h Fi M t Pil t P
STATE OF CALIFORNIA-NATURAL RESOURCES AGENCY
.
CALIFORNIA COASTAL COMMISSION
CENTRAL COAST DISTRICT QFFICE
725 FRQNT STREET, SUITE 300
SANTA CRUZ, CA 95060
PHONE: (831) 427-4863
FAX:
(831) 427-4877
WEB: WWW.COASTAL.CA.GOV
Marc Wiener
Acting Planning Director
City of Carmel-by-the-Sea
P.O. Drawer G
Carmel, CA
93921
·October
2
2015
Re:
Violation File No. V 3 15 0106 City
o
Carmel Beach
Fire
Ordinance
Dear
Mr. Wiener:
EDMUND
G.
BROWN JR., GOV RNOR
We
understand that
the City of Carmel has concerns
about
beach fires and
we
were
encouraged that the City was addressing those concerns
through
the coastal
development
permitting
process. However, recent actions
taken by
the City, discussed below,
seem
to
deviate from that process
and
are cause for concern. We are hopeful
that
we can
work
together
to
get
this process back on track
and
resolve these iss.ues
in
a
manner
that benefits
both
the
citizens of Carmel and the
many
visitors
that
enjoy
your
beautiful coastal city.
On
August
6 2015,
pursuant
to California
Government
Code §65858, the City Council of
Carmel-by-the-Sea adopted Ordinance No. 2015-005 placing a 45-day
moratorium
for fires
on
Carmel Beach from Friday
through
Sunday,
and on
all National or State holidays. The
urgency
ordinance permits beach fires on
Monday through
Thursday only. The stated
purpose of the ordinance is ... to protect the public safety, health, and welfare
by
prohibiting
. uses
that
may be in conflict
with
the Shoreline Management Plan and the City Municipal Code
until a beach fire management program can be implemented by the City.
On
September 1,
2015
the City Council extended Ordinance No. 2105-005 for a
period
not
to
exceed 10 months and
15
days. The resolution adopted) by the City Council to extend
Ordinance No. 2105-005 declared it to be ...
an
urgency measure as authorized by California
Government
Code §65858.
California Government Code §65858 allows municipalities to enact urgency ordinances in
order
to prohibit certain
land
uses
and
to give the municipalities time to
study
impacts
and
develop
new
regulations for
proposed new
uses. The urgency ordinance took effect
immediately and circumvented the typical
approval
process· of at least
two
public meetings
with
advance public notice. State law requires that
an
urgency ordinance enacted
pursuant
to ·
8/20/2019 CCC f12b-12-2015 City of Carmel Beach Fire Management Pilot Program
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A-3-CML-15-0033 (Carmel Beach Fire Mngt Pilot Program
Carmel Beach Fire Ordinance
Page 2 of 6
§65858 contain findings demonstrat ing a current and immediate threat to public health, safety,
or welfare.
When a local government adopts an urgency ordinance that authorizes an immediate change
in
the intensity of use of water, or access thereto, such
an
action constitutes
development
and the
local government
must approve
a coastal development permit ( CDP ) to authorize
such action (Local Coastal Program ( LCP ) section 17.70.020 (Development Definition);
Coastal Act section 30106). Further, when a local government approves an urgency ordinance
that changes a use that is otherwise allowed on land within the City's LCP jurisdiction, the
urgency
ordinance is
not
effective until the ordinance is submitted to the Commission for
certification
through
the LCP
amendment
process and the Commission effectively certifies the
submittal (Coastal Act section 30514; Conway v. Imperial Beach
1997)
52 Cal.App.4th
78,
87- .
88). Here, the c;ity has acted
in
a manner that both requires a CDP and requires the
submiss ion of the urgency ordinance, as
an
LCP amendment, to the Commission for
certification before the urgency ordinance becomes effective
and
enforceable.
On
August 7,
2015,
pursuant
to LCP Implementation Plan §17.52.180, the Planning Director
issued Emergency Coastal Permit ( ECP ) No. 15-280 authorizing the
45-daybeach
fire
moratorium and associated signage. Section 17.52.180 is as follows:
17.52.180 Emergency Coastal Permits.
A. Purpose. This section
provides
procedures
for
the issuance ofemergency permits in compliance with
the Coastal
Aet.
B.
Applicability. In
the
event of
an
emergency
the
Director
may
issue a permit
to
authorize emergency
work in compliance with this section
the
Shoreline Management Plan Section 30624 of
the
Coastal Act
and
California
Code of
Regulations
Section
13329. The Director shall
not issue an emergency permit
for
any work to
be
conducted
on
any tidelands
submerged lands
or
on public
trust
lands
whether filled or
unfilled; requests for emergency work in
these areas
shall be referred to the Coastal Commission.
C
Application.
n application for an
emergency permit
shall be
filed with
the
Director in writing if
time
allows
or in
person or by telephone
if time does not
allow.
D.
Required
Information. The
applicant
shall report
to
the Director the
following information either
during
or
as
soon
after
the
emergency
as
possible:
1. The nature and
location
of the emergency;
2.
The cause
of
the emergency;
insofar
as
this can
be established;
3. The remedial
protective or preventative
work
required to
deal
with
the emergency;
and
8/20/2019 CCC f12b-12-2015 City of Carmel Beach Fire Management Pilot Program
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A-3-CML-15-0033 (Carmel Beach Fire Mngt Pilot Program
Carmel Beach Fire Ordinance
Page 3 of 6
4. The
circumstances during
the emergency
that
appeared to
justify
the courses
of
action taken
including
the
probable
consequences
of ailing to take
action.
E. Verification ofEmergency. The Director
shall
verify
the
facts including the existence and nature of
the
emergency,
as
time
allows.
F Notice.
The
Director
shall provide public
notice of
the proposed
emergency work. The extent and type
of notice
shall be
determined by
the
Director
based
of
he
nature of
he
emergency and the work
proposed.
G. Emergency Permit Approval. The decision to issue an emergency permit is
at the
sole discretion of
the Director; provided
that subsequent
land
use
building, and grading permits
required for the project
shall
comply with all
applicable
provisions
of hese
regulations. The
Director
may grant an emergency
pem1it ifan
emergency exists as
defined
in
Chapter
17. 70
CM
C and
if
he Director first finds.
that:
1. n
emergency exists that
requires action more
quickly
than
would
occur
following normal permit
procedures
and
the
emergency
work can and
will
be
completed within
30
days unless otherwise
specified by
the
emergency permit;
2. Public comment
on the proposed
emergency
acfion has been reviewed if ime allows;
and
3. The work
proposed
would
be
consistent with
the
requirements of
the
certified Local
Coastal
Program
or
would not
impede
attainment of hese requirements following completion of
he
emergency
work.
H.
Emergency Permit Contents.
If granted the
permit
shall
state
the
basis
for the
findings
made
by
the
Director and shall
be
subject
to
reasonable
terms and conditions, including:
1.
Language
indicating that
the work accomplished
under
an
emergency permit
is
temporary unless a
regular
permit
is
subsequently issued
for the
work;
2. n expiration date for the emergency permit; and
3.
A condition specifying
the
necessity
for the
submittal of a regular permit application within
30 days
of the effective
date
of
he
emergency permit.
I
Expiration. n emergency permit
shall expire and become
void within
seven days
of
ssuance
if
t
is
not exercised
or
if
he
emergency
ceases to
exist.
]
Report to Council. For information only
the
Director
shall
provide the
Council
with a written report
describing
the
nature of
he
emergency
and the work
involved
at
the
Council s first regularly scheduled
meeting after
the
emergency permit
has been issued.
Copies
of the
permit
and the report shall be
available at the
meeting
and shall be mailed to the
Executive Director
of
he
Coastal
Commission and
to
all persons
who
have requested this notification in
w r i t i n ~
8/20/2019 CCC f12b-12-2015 City of Carmel Beach Fire Management Pilot Program
http://slidepdf.com/reader/full/ccc-f12b-12-2015-city-of-carmel-beach-fire-management-pilot-program 112/220Exhibit 11: CCC Staff Correspondence w City
A-3-CML-15-0033 (Carmel Beach Fire Mngt Pilot Program
Carmel Beach Fire Ordinance
Page 4 of 6
K Normal Permits Required. Within 30 days of he date of ssuance ofthe emergency
permit,
the
applicant
shall
apply
for
all permits
required by these
regulations, and any
other
permits required by
the
municipal code.
Failure
to
file the
applications
and obtain
the required permits
shall
result in
enforcement action in
compliance
with
Chapter
17.66
CMC, Enforcement.
Ord. 2004-02 1,
2004;
Ord.
2004-01
§
1,
2004).
As noted, earlier, the City acted in a manner that authorizes an immediate change in the
intensity of use of water or access thereto,
and
the City must issue a CDP to authorize that
action. In this case the City authorized an ECP for the 45-day moratorium, but did not issue a
follow-up regular CDP to authorize the action beyond the original45-day ECP authorization·
period. As of the date of this letter, the initial45 days has passed, and while the City Council
extended the moratorium, the ECP does not authorize an extension.
Further, §17.52.180(K) requires application for Normal Permits within 30 days of issuance of
an
ECP. We
do not
believe
that
the City has applied for
or
issued a
Normal
Permit
in
this
matter. Moreover, §17.52.180(H) requires conditions that specify an expiration date for
an
ECP
and
the necessity for the submitta l of a regular permit application within 30 days of the
effective date of the ECP. Emergency Coastal Permit No. 15-280 does
not
include such
conditions. Finally, §17.52.180(G)(1) states (in relevant part) that:
The Director may grant an emergency permit
if
an emergency exists as defined in
Chapter
17. 70 CM C
and
if
he Director first finds that:
1. n emergency
exists that requires
action more
quickly than would occur following normal permit
procedures,
and
the
emergency work
can
and will be completed within 30
days
unless otherwise
specified by
the
emergency
permit;
Section 17.70.020 defines emergency as: A sudden, unexpected occurrence demanding immediate
action
to prevent
or
mitigate
loss or
damage to
life, health, property, or
essential
public
services.
The City previously approved a CDP to authorize a Beach Fire Management Program, which
did not authorize any prohibition of beach fires
on
Carmel Beach
during
State or National
holidays
and
weekends. The City's CDP approval was appealed to the Coastal Commission
(Appeal No. A-3-CML-15-0033) and is likely to be heard by the Coastal Commission in
December. Carmel's certified Shoreline Management
Plan
recognizes
that
Recreational fires
have long been part of the Carmel Beach tradition. Thus, beach fires are not a sudden,
unexpected occurrence demanding immediate action and, as such, the City issued an ECP
inconsistent
with
the LCP' s ECP procedures identified above. Indeed, the City has been
actively working through the coastal permitting process to· develop a management strategy to
address beach fires, ambient air quality issues,
and
sand
and water
quality issues.
8/20/2019 CCC f12b-12-2015 City of Carmel Beach Fire Management Pilot Program
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Exhibit 11: CCC Staff Correspondence w City
A 3 CML 15 0033 (C l B h Fi M t Pil t P
Carmel Beach Fire Ordinance
Page 5 of 6
Further, Policy 5.3, "Management Policies," of the certified Shoreline Management
plan
provides that beach users are allowed
the
opportunity to enjoy a fire for warmth or
cooking .. until10:00 p.m. south of Tenth Avenue
but
at least twenty-five feet from the base of
the bluffs." As currently certified, the LCP does
not
have
any weekend/holiday
restrictions
on
the use of the beach for beach fires. Thus, the urgency ordinance prohibits a use
that
is
currently allowed on Carmel Beach,
south
of Tenth Avenue,
in
the City's certified LCP,
and
constitutes an uncertified amendment to the LCP See Conway, supra, at
pp.
87-88). As such,
the urgency ordinance is not effective and enforceable until the City submits an LCP
amendment
to the Commission for certification and the Commission effectively certifies the
submittal (Ibid.; Coastal Act section 30514). Even if the City issues itself a regular CDP for the
moratorium, it will be issuing a CDP
that
is not consistent with the currently certified LCP,
which allows beach fires until10:00 p.m. on Carmel Beach south of Tenth Avenue
without
any
weekend/holiday
restrictions associated with the public's use of the beach for beach fires.
Therefore, the City does not
have
the legal ability to issue a
valid
CDP consistent
with
the LCP
until the Commission certifies the currently ineffective
and
unenforceable urgency ordinance
upon which the City is currently relying to implement the moratorium.
The City justifies issuance of
an
urgency ordinance" based upon air quality issues. However,
based
on
Commission staff's
review
of the City's air quality data, (for a 41-day period
in
June/July) the data
do not
appear to support assertions that there is
an
immediate
threat
to
public health and safety. Particulate Matter (PM) counts are well below the EPA 24-hour
average guidelines. Based
on hourly records over this same 41-day
period
984
hours), there
was
one four-hour period
on
July 4 where there were elevated levels of PM, which is
to
be
expected,
and
one hour on June 27, which appears to be
an
anomaly. There
were 11 hours
during
the monitoring
period
when
ambient air quality
was
in
the
moderate
category. The
rest of the time
968
hours), air quality was
in
the "good" category.
Based on
our
examination of the data, it appears
that
the City
has
improperly
used
California
Government Code §65858 and its
own
emergency pe mit ordinance to
implement
emergency
measures, the need for which does
not appear
to be
supported by
air quality data.
Furthermore, the Coastal Act does
not
authorize cities or counties to
adopt
and enforce
additional regulations
that
impose further conditions, restrictions,
or
limitations
with
respect
to any
land
or water use that are in conflict
with
the Coastal Act (Coastal Act section 30005).
The City's actions to apparently circumvent the planning
and permitting
processes
by
adopting
urgency ordinances (including issuing itself
an
emergency permit) limit public
participation
and
result
in the
loss of lower cost public recreational opportunities
in
the use of
Carmel Beach south of Tenth A venue. Such actions are
in
conflict with access
and
recreation
policies of the Coastal Act and the City's certified LCP and are, thus, a violation of the Coastal
Act
and
the City's certified LCP.
Commission staff recognizes that
beach fires are a concern
in
Carmel
and that
the City has a
right
to
pursue
a management
plan
through
the permitting
and planning
process. We look
forward to working
with the
City
to
come to a resolution
that
protects this
important
public
8/20/2019 CCC f12b-12-2015 City of Carmel Beach Fire Management Pilot Program
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Exhibit 11: CCC Staff Correspondence w City
A 3 CML 15 0033 (C l B h Fi M t Pil t P
Carmel Beach Fire Ordinance
Page 6 of 6
recreational activity
in
a manner
that
benefits public use
and
enjoyment of the coast while
addressing
the City s concerns.
Thank you
for
your
attention to this matter. f
you
have any questions
or
concerns regarding
this letter, please feel free to call
me
at: 831.427.4885.
cc
Charles Lester, Executive Director
Lisa Haage, Chief of Enforcement
Dan Carl, Deputy Director
Susan Craig, District Manager
Kevin Kahn, Planning Supervisor
Sharif Traylor, District Enforcement Officer
Mike Watson, Coastal
rogram
Analyst
Matt Christen, Staff Counsel
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Exhibit 11: CCC Staff Correspondence w City A-3-CML-15-0033 (Carmel Beach Fire Mngt Pilot Program
Page 9 of 11
STATE OF
CALIFORNIA NATURAL
RESOURCES AGENCY
CALIFORNIA COASTAL COMMISSION
CENTRAL COAST DISTRICT OFFICE
725
FRONT STREET, SUITE
300
SANTA CRUZ,
CA
95060
PHONE: (831) 427-4863
FAX: (831) 427-4877
WEB: WWW.COASTAL.CA.GOV
Mayor Jason Burnett and City Collilcil Members
City of Carmel-by-the-Sea
P.O. Drawer G
Carmel by the. Sea, CA 93921
Subject: Carmel Beach Fire Management Plan
Dear Mayor Burnett and City Collilcil Members:
EDMUND G. BROWN JR.,
GOV RNO
November 3 2015
We appreciate the opportllility to work directly with City staff on the issue of beach fires within
the City
of
Carmel-by-the-Sea. As you know beach fires and beach fire management is an issue
addressed in the LCP and its shoreline management plan. As you also know, this is an issue
of
importance not only to the City
of
Carmel-by-the-Sea, but also for beaches up and down the
State. We look forward to the successful resolution of the beach fire issue, including with respect
to the appeal ofthe City's Beach Fire Management Program, in a manner that protects this
important public recreational activity while addressing coastal resource and air quality issues and
City concerns.
As promised at our October 9, 2015 meeting, Coastal Commission staff, including Commission
staff Ecologist Dr. Laurie Koteen, revisited the particulate matter (PM) data gathered at the
3th
Avenue station, and consulted with Richard Stedman of the Monterey Bay Unified Air Pollut ion
Control District regarding interpretation
of
that data. Based on our review and consultation with
Air District staff, we continue to believe that the data does not support a conclusion that there is
an LCP-defined air quality emergency associated with smoke and PM emissions emanating from
wood fires on Carmel Beach, or that there is a need for an emergency ban of all such beach fires
at this time. It is clear from the data that there have been spikes in the
PM
collilts on busy
weekend and holiday periods, during which times the air quality at the 3th Avenue monitoring
station was not considered good. Other than these spikes, the data overwhelmingly suggests
that air quality at the 3th Avenue station was rated as good more than 98% of the time. The
City 's emergency prohibition, however, prohibits beach fires on Fridays, Saturdays, and
SlUldays, when the data does not support such a prohibition.
In
addition to the fact that there
have been no coastal development pennits (CDPs) authorizing such a prohibition (and it thus
remains a violation of Coastal Act and LCP permitting requirements), we are also concerned
2
These events were generally short
in
duration (i.e., two hours or less) and took place on busy weekend and holiday periods,
and specifically during the evenings when the City's data identifies a large number of unmanaged fires on the beach (e.g., 45
fires on
an
average Saturday night). Saturday, July 4, 2015 saw
an
astonishing 135 unmanaged fires on Carmel Beach.
The City's urgency ordinance cannot substitute for a CDP, as we explained in our October 2 2015 Notice
of
Violation letter.
8/20/2019 CCC f12b-12-2015 City of Carmel Beach Fire Management Pilot Program
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Exhibit 11: CCC Staff Correspondence w City
A-3-CML-15-0033 (Carmel Beach Fire Mngt Pilot Program
Page 10 of 11
Mayor Jason Burnett and City Council Members
Carmel Beach Fire Management
November 3 2015
Page
that continued enforcement of the prohibition is significantly adversely impacting public access
and recreational opportunities along Carmel Beach.
Although we acknowledge that smoke and odors from fires is a concern, and that having fires
directly on the beach can potentially lead to other public safety, water quality, and beach
degradation issues, we
don t
concur that the solution is to ban them fi:om the beach area
altogether. Rather, we continue to believe, as we have articulated to the City on multiple
occasions during the City's consideration of the Beach Fire Management Program and since the
filing
of
the appeal/ that a program to more effectively manage fires, including putting fires
in
a
designated number
of
fire pits and monitoring the effects
of
same to identify any problems and
make adaptations to the program as needed, is the appropriate means to address this issue. We
have continued to provide feedback to the City on parameters that we believe are important to
include
in
such a program, but it has become clear more recently, including as articulated by City
staff at our October 9,
2015
meeting, that the City is not so much interested in such a program as
it is in banning all wood fires at all times on Carmel Beach. To us, that is jumping to a solution
that doesn't appropriately respond to the problem. As to the suggestion that the City could
instead institute a program for propane fires, as we indicated on October 9t\ we are very
interested
in
learning the details
of
such a program and how it could be a part of an effective
solution here. To date, however, we have not received any specifics from the City on a propane
fires program.
We would like to continue to work collaboratively with City staff to develop and adopt a Beach
Fire Management Program that includes limiting the number of beach fires to reduce the
aforementioned impacts associated with this important recreational activity. We also continue to
be open and available to discuss all elements
ofthe
plan (i.e., the numbers and locations of beach
fires, fuel sources, fire rings, and other key management provisions) to address the City's
concerns. However, despite repeated requests, we have received no response to our suggestions
or any alternative program ideas. This is unfortunate because we have tentatively scheduled the
appeal of the City's approved Beach Fire Management Program for the Commission's December
meeting in Monterey (December 9-11,
20
15 so as to facilitate local participation. In order to
thoughtfully evaluate and consider the Ci ty's new program in December, we need the City to
submit program details immediately. Additionally, we strongly recommend, as we have
recommended to City staff all along, that the City Council not adopt any instruments that have
the effect of pre-detennining an outcome that bans all wood fires. Rather, we would hope that the
City would let the
cunent
process play out and implement the approved Beach Fire Management
Program and evaluate its effectiveness in reducing the air quality spikes (including allowing for
adaptation if problems are not appropriately addressed), and that the City would continue to
recognize and provide for the public recreational values associated with the very long history
of
beach fires at Crun1el Beach in a manner that balru1ces ru1d addresses identified issues. We very
3
Commission staff has met with the City on three occasions (October 7, 2014, March 4, 2015, and October 9, 2015), fielded a
number of calls (including December 15, 2014, April21, 2015, July 29, 2015, and August 20, 2015), and provided written
comments
on
(April20, 2015, July 20, 2015 and August
5,
2015)
on
the beach fires issue.
8/20/2019 CCC f12b-12-2015 City of Carmel Beach Fire Management Pilot Program
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Exhibit 11: CCC Staff Correspondence w City A-3-CML-15-0033 (Carmel Beach Fire Mngt Pilot Program
Page 11 of 11
Mayor Jason Burnett and City Council Members
Carmel Beach Fire Management
November 3 2015
Page
much look forward to a lively discussion and debate at the Commission s December hearing, and
hope that your staff can provide us with the details
of
the City s new proposed program as soon
as possible, s that it can be included in reports prepared for the December meeting (reports that
are scheduled to be distributed to the public on November 20t
.
Thank you for your consideration, and please
don t
hesitate to contact me or Mike Watson at our
Santa Cruz office if we can be of further assistance in this matter.
Sincerely,
Susan Craig
District Manager
California Coastal Commission
Central Coast District Office
cc: Marc Weiner, City of Carmel-by-the-Sea Acting Planning Director
Rob Mullane, City of Carmel-by-the-Sea Public Works Director
Michael Calhoun, City of Carmel-by-the-Sea Police Chief
Richard Stedman, Monterey Bay Unified Air Pollution Control District Air Quality Control Officer
Pat Veesart, California Coastal Commission Nmihem California Enforcement Supervisor
8/20/2019 CCC f12b-12-2015 City of Carmel Beach Fire Management Pilot Program
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Exhibit 12: Correspondence
A-3-CML-15-0033 (Carmel Beach Fire Mngt Pilot Program
Page 1 of 103
XPARTE COMMUNICATION DISCLOSURE FORM
Filed
by
Commissioner: _c_a_ro_l_e_G_r_o_o_m
1) Name or
description of project: _C_a_r_m_e_l _ _e_a_ch_F_ir_es
2) Date and time of receipt of communication: November 19, 2015 at 2:30 p.m.
3)
Location
of communication: _T_e_le..:..p_h_o_n_e
If
not in
person, include
the means
of communication, e.g., telephone, e-mail, etc.)
4) Identity of person s) initiating communication: _J_o_h_n_C_r_om_w_e_ll
5)
Identity of person s) on whose behalf communication
was made:
Carmel residents
6)
Identity of persons s) receiving communication: _c_a_r_ol_e_G_ _·o_o_m
7) Identity of
all
person s) present during the communication: Carole Groom, John
Cromwell, Kathy Bang
Complete, comprehensive description of communication content attach complete set of
any
text
or
graphic material presented):
The representatives of
the
Carmel beach residents maintained that Carmel is the
only
public beach on the Monterey
Peninsula that allows beach fires
and that the
consequence
·
is severe smoke issues that cause detrimental health impacts on the residents. They
indicated that they have worked with
the
city of Carmel
to
allow only propane fire
rings
on
the beach,
and
there will be free propane rings in order
to
maintain access
to
beach goers, in addition to allowing individuals to bring their own propane devices.
Date Signature of Comm sioner
TIMING FOR FILING
OF
DISCLOSURE FORM File this form
with
the
Executive
Director within seven 7) days of the ex parte communication, if the communication
occurred
seven or
more
days
in advance of
the
Commission hearing on
the
item
that
was
the subject of the communication. If the communication occurred within seven 7)
days of the hearing, provide the information orally
on
the record of the proceeding and
provide
the
Executive Director with a
copy
of any written material that was part of the
communication. This form may be filed with the Executive Director
in
addition
to
the oral
disclosure.
8/20/2019 CCC f12b-12-2015 City of Carmel Beach Fire Management Pilot Program
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Exhibit 12: Correspondence
A-3-CML-15-0033 (Carmel Beach Fire Mngt Pilot Program
Page 2 of 103
Page 1
of2
Carole Groom ollow up
: I I I I H . . I H U U U U l l l l l l 8 f l l l i 1 l J i l l l t t l l t H l l l R I I l U U t l l i t i 1 U l l n t n . l t l ~ t m n n . u t i \ J ~ l i H M U U I \ l t l U U . 1 l f i 1 U . t f i L U l m n t l m 1 U i l f i l l l K i l l U I I H n : W U I I I : { l n i U I ~ U H . n l l l l n l l : f l l m l l m i H I W I A i t t l l l l . l l U i l t l U U W U . f i U . U ' J I U l t l 1 1 t U I U U I t R l : 1 : i U K I I I U n ~ : ~ ~ n i l l 1 U i U U I } I . t f l t f ~
From:
kathleen bang <katl1ybang@;ne.com>
To Carole Groom <cgroom@smcgov.org>
Date:
11/12/2015
1:08PM
Subject:
Follow up
CC
John and
Dom1a
Cromwell <john@cromwell.net>
I Ii Carole. I am sorry that we missed you today, but I thought I would take a moment
to
introduce
myself and give
yoi1
a bit of information prior to om call. By the way,
we
have healtl1 care in common,
I was the COO at Northwestern Memorial Hospital for 18 years before moving to California.
I am not sure how much you know about the situation in Cannel, and I certainly don't speak for the
many people who are concerned about open burning on our beach, but I would like to make the
following points about our desire to revise the pilot
to
propane only.
I know you are
on
the Air Board in the Bay area. I believe that the CCC needs
t
listen to our regional
air expert, Richard Stedman. The designated air quality experts in the state are tl1ose lmder the
California Air Resomces Board CARB)
of
which our agency is the Monterey Bay Unified Air
Pollution Control District MBUAPCD). Richard Stedman is the Director. Richard is also
the
President California Air Pollution Control Officers Association
this year.
He
is a national
expert in the field of particulate matter and public health. State law directs that only the local ai.r district
authorities can opine on this issue
of
air quality. We should be working cooperatively with him not
fighting him. Unforhmately an ecologist with the CCC is attempting to assert herself
as an
expert over
Richard.
The CCC is relying on an outdated concept that wood fires are the best way to promote ' ~ a c c e s s " to the
beach for the underserved. These fires are now lmown to release harmful particulate matter into the
air. While there has been a long tradition
of
wood fires, there are many other practices we
had
as
tradition, that are no longer permitted e.g., smoking in airplanes and hospitals, sending fireworks into
the Bay, carrying babies on our laps in cms, riding motorcycles without helmets, etc) because they no
longer make common sense. The practice
of
open bmning on beaches no longer makes common
sense. Propane fires provide an alternative that does not force a false choice
between
clean air and
burning wood on beaches.
The CCC has
an
opportunity to frnd other ways to meet its access goals. Why
not
sponsor trips
to tl1e
coast, assist with transportation, have regular free picnics on beaches, use the Aqumium for educational
programs, etc?
t
is very important to note that a solution that uses propane fuel-only is consistent with our current LCP
Local Coastal Plan). The plan says
fires'\
not wood fires.
t
does not specify the fuel.
In addition, there are other environmental
iss1.1es
at play: the beach, the ocean and the air. See the
fallowing Y outube video:
1 1 t 1 I ~ ~ ; . / f . ~ ~ J 3 ? . l ~ : . Y . . 9 . ~ 1 l l h 9 . . : S . Q . l l t . . \ Y a : t g l ; l ] . Y : c ' n ~ [ Q J : n : D : L y g J . , 2 Q
By the way, access has been improved due
to
the moratorim11 Carmel has
i.n
place on weekends and
holidays, not lessened. Many people are telling the city they can now visit the beach on tl1e days there
me no ' ~ r o o d fires when they could not before due to air quality and due to asthma and other
conditions. People can open windows and doors and enjoy the sunset and ocean breezes when they
file:/1/C:/Users/cgroom/ AppData/Local/Temp/XPgrpwise/56448F5Fcmoclocmopo 100176... 11/16/2015
8/20/2019 CCC f12b-12-2015 City of Carmel Beach Fire Management Pilot Program
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Exhibit 12: Correspondence
A-3-CML-15-0033 (Carmel Beach Fire Mngt Pilot Program
Page 3 of 103
Page 2
of2
could not due
to
wood fires and the hmmful wood smoke particles they disperse . I have photos
of
thousands people on the beach during the first two weekends of the moratorium and would be happy to
send them to you.
t seems unfair that one com1mmity has to pay the price for the Coastal Commissions outdated view that
only wood fires provide access. Other beaches in
the
region (including State beaches who can ban
fires without Coastal Commission approval) no longer permit wood fires, which concentrates
the
number
of fires
at
Carmel Beach and greatly intensifies
the
adverse impact on a single beach in
the
region.
The mission
of
the CCC is not served but rather VIOLATED by promoting this unhealthy activity, that
pollutes the air, the beach and the ocean.
I did want to correct one point in the recent letter sent to Cannel. In it the CCC staff states that w have
good air 98
of
the time. That would naturally be the case, as w only have fires about 3 hours per
eve1ung on 4 evenings per week since the moratorium went into effect. A parallel example would be
if
you said a restaunmt or bar that allowed smokers has good air most of the day because-true because it
is closed all the other hours.
Thanks, Carole
foi·
your time and for yom service to all of us.
Kathy Bang
Cannel by the Sea
file:// C:/Users/cgroom/AppData/Local/Temp/XPgrpvvise/56448FSFcmoclocmopo l 00 176... 11/16/2015
8/20/2019 CCC f12b-12-2015 City of Carmel Beach Fire Management Pilot Program
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Exhibit 12: Correspondence
A-3-CML-15-0033 (Carmel Beach Fire Mngt Pilot Program
Page 4 of 103
Watson Michael@Coastal
From:
Sent
To
Subject
Hello,
Kevin Simpson <kevinbsimpson@comcast.net>
Monday, November 23 2015 11:57 AM
Watson, Michaei@Coastal
beach
fires
I
am
definitely not for a total
ban
of fire on the beach. I think
th t
with fire rings,or with a limit on. the number
of
fires
per night, h t a compromise can
be
reached. I am for the current limitations since the beach
is
now much cleaner than
it has been in the past.
We
meet with friends at the beach once a month for some food
and
a fire. It
is
a time of
conversation
and no
electronic stimuli. A
time
of days,sadly,gone past. It would be a great
loss to
loose those times.
Not just
for
us but society as a whole.
We
have lost to many traditions th t bring us together.
l<evin
Simpson
Sent from my
iPad
8/20/2019 CCC f12b-12-2015 City of Carmel Beach Fire Management Pilot Program
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Exhibit 12: Correspondence
A-3-CML-15-0033 (Carmel Beach Fire Mngt Pilot Program
Page 5 of 103
Watson Michael@Coastal
From:
Sent
To
Subject
Michael and Susan
Shawnhere@aol.com
Sunday November
22
2015 9:30AM
Watson Michaei@Coastal; Craig Susan@Coastal
Carmel Beach fires
While I only visit Carmel
on
a periodic basis I enjoy the fires
on
the beach. Please allow controlled fires in pits on a limite
basis.
Shawn Richardson
1
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Exhibit 12: Correspondence
A-3-CML-15-0033 (Carmel Beach Fire Mngt Pilot Program
Page 6 of 103
Watson Michaei@Coastal
From:
Sent
To:
Subject
Dear Michael
Ed
Stellingsma <ed93940@aol.com>
Saturday November 21
2015 10:32 AM
Watson Michaei@Coastal
Carmel-by-the-sea Beach Fires
In reference to the issue o allowing beach fires at Carmel-by-the-Sea I respectfully request that you will allow them to
continue. It has been a tradition on Carmel Beach for well over 100 years. Tides come and go and clean the beach on a
daily basis. Please vote
in
favor of continuing this tradition as approved
in
our local Coastal Zoning Ordinance.
thank you
Ed
Stellingsma
Carmel CA.
8/20/2019 CCC f12b-12-2015 City of Carmel Beach Fire Management Pilot Program
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Exhibit 12: Correspondence
A-3-CML-15-0033 (Carmel Beach Fire Mngt Pilot Program
Page 7 of 103
Watson Michaei@Coastal
From:
Sent
To:
Subject
Dear Mr. Watson
Janice Gleason Skow <janiceskow@gmail.com>
Saturday November 21 2015 4:08 PM
Watson Michaei@Coastal
The important Carmel tradition of
Beach Fires
.
Thank you for your service on this very important commission.
I am writing to add my voice to SO many others who hate to see our beloved tradition of BonFires on Carmel
Beach destroyed when we could easily find a solution to address all the problems that have been concerning
people.
The idea
of
limited the fires adding fire rings handling placement are all important and doable. Limiting fires
to say 20 and making sure placement is away from the cliff and there are fire rings is all easily handleable
with the people who currently patrol the beach.
Please consider in your deliberations the
joy
and benefits to SO many including hundreds ofpeople old and
young alike for whom a free outing of such beauty adds immeasurably to their quality of life here on the
Central Coast.
Thank you for considering so many. f you have been to the beach on a summer night you will see many
families and lots of old timers around their fires some who could not afford such a gathering or whose homes
are too small to enjoy with their families and friends. They are also people who CANNOT make it to the
meetings where these things will be discussed.
t might also be good to mention that I am a member of the Carmel Residents AssoCiation. While we very much
appreciate our leadership they sometimes do not speak for all
of
us many
of
whom thoroughly support this
wonderful activity.
The Ban the Fires people are very vocal and active but there are many voices on both sides. I hope you will
actively consider all
of
us.
Thank you Mr. Watson for your consideration.
Sincerely
Janice Gleason Skow
Box 7310
Carmel CA 93921
831-375-1436
831-917-1710
1
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Exhibit 12: Correspondence
A-3-CML-15-0033 (Carmel Beach Fire Mngt Pilot Program
Page 8 of 103
Watson Michaei@Coastal
From:
Sent:
To:
Bert Aronson <bertaronson@gmail.com>
Saturday November
21
2015 5:50 PM
Watson Michaei@Coastal
Please allow Beach Fires continue
on
Carmel Beaches.
Bert
Herbert Aronson, ABR, CRB, CRS, CLHMS, GPS
Broker Associate, CalBRE 00760050
W
Coastal Estates
26435 Carmel Rancho Blvd.
Carmel, CA 93923
Mobile: 831 521 9059
F AX:S00-698-3043
bertaronson@gmail.com
dd the MLS to
your
Smart Phone: http://app.kw.com/KW2CXYTXF
1
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Exhibit 12: Correspondence
A-3-CML-15-0033 (Carmel Beach Fire Mngt Pilot Program
Page 9 of 103
Watson Michaei@Coastal
From:
Sent
To:
Subject
Joe Herrlie <joeherrlie@gmail.com>
Sunday November 22 2015 8:32 AM
Watson Michael@Coastal
ood
Fires @ Carmel Beach
I am writing to express my support for fires on Cannel Beach. While some limits on size, location, and numbers
may be needed, please do not b n the tradition of a warm fire on the beach. It's important to keep traditions ·
alive for future generations to enjoy. I live in Placerville Old Hangtown , CA, a town with lots of tradition,
and it takes community efforts to preserve.
While I do live in Carmel, I o enjoy the beach when I visit the area.
Thanks Joe Herrlie
1
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Exhibit 12: Correspondence A-3-CML-15-0033 (Carmel Beach Fire Mngt Pilot Program
Page 10 of 103
Watson Michaei@Coastal
From
Sent:
bbeesley30@gmail.com on behalf
of Ben
Beesley <ben@benbeesley.com>
Saturday
November
21 2015 9:03 AM
To
Watson Michael@Coastal
Subject: Carmel Beach Fires
Michael,
my
name is Ben Beesley. Born in Carmel, Baptized at the Carmel Mission, went to Junipero Serra
school, and work in Carmel. I am also on the Carmel Chamber Board ofDirectors and volunteer for many
Carmel
y
The Sea Events.
I understand the need to limit widespread beach
bon
fires from Carmel Beach but I do NOT understand
removing them completely
Having attended 2 of the City Council meetings pertaining to the Banning of the Beach Fires,.it was quite
evident that the Council, including the Mayor had made up its mind prior to any public comments.
In
fact the
Mayor publicly counted the votes prior to voting
Issues I have in no particular order
1 This ban is after a short period
of
study
2 t does not offer the alternative to limit beach fires (the recent mid week limitation put all fires in a
concentrated area of course there will be more smoke there spread it out)
3 t limits the enjoyment for visitors
4 The instability of propane tanks and possible explosions is very real. When asked, the City Attorney said tha
the City has insurance ... not an acceptable answer to someone who gets hurt
5 The fact that they are using the public nuisance arguement to avoid the California Coastal Commission.
I could go on, but you get the point... please please do not let i t go forth under the current recommendations
Ben Beesley REAL TOR
Keller Williams Coastal Estates
ben@benbeesley.com .
831.236.6876
www.tean1beesley.com
CalBRE 01362347
Meet Team Beesley [VIDEO
Voted
"Best Real Estate Service" Carmel Chamber
of
Commerce 2013
-Selected Small Business
of
he Year, Union Bank/KSBW2012
Voted
"Best REALTOR in Monterey County 2011" y the readers
of
he Monterey County Weekly
Call me today to
find
out why
1
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Exhibit 12: Correspondence
A-3-CML-15-0033 (Carmel Beach Fire Mngt Pilot Program
Page 11 of 103
Watson Michaei@Coastal
From:
Sent
To
Subject
John Kenny <johnk@mbay.net>
Saturday November 21 2015 9:05
AM
Watson Michaei@Coastal; Craig Susan@Coastal
Opposed to a Ban on Wood Burning fires on Carmel Beach. Please pass on to Dr.
charles Lester and Commissioners.
I am opposed to Any Ban
of
Wood burning fires on Carmel Beach and support Councilman Steve Dallas
proposal of no more then 10 wood burning fires on the beach on any given evening from the currently allowed
area from Oth Street South to Santa Lucia Ave. Or even allowing 6 to 20 fires spread out along the entire
length of the beach as
we
did in years past
My name is John Kenny and I am a 46 year resident of Carmel by the Sea and Carmel.
I graduated Carmel High School in 1972 and grew up on San Antonio between
2th
and
3th
when
at
the time
my family owned The Colonial Terrace Inn.
I have spent over the past 46 years surfing the waters
off
Carmel Beach, walking my dog or dogs almost daily
on the beach and yes gathering with Family, Friends and Community members and multi generations
oflocal
families around a fire on Camel Beach ..
But in the end it is just that .. Tradition. Sentiment and found memories.
Just like the City of Carmel allowing fires on the beach for the past 99 years of our history .. .it does not really
make it right or wrong or even defendable. It is currently allowed in there Land Use Plan
So I will stick to the facts, The California Coastal Commission has told you that you can not enact a total ban
o
All Wood and Charcoal bunung fires on Carmel Beach, The Chamber
of
Commerce is also opposed to such a
ban.
I suspect the City used the heading
of
a Public Nuisance so that you only needed three votes to pass the
ordinance or you may actually have another agenda?
Under the argument of Wood and Charcoal burning fires as a Public Nuisance on the beach it only seems that
the obvious next step is that you also ban any and All Wood and Charcoal bunung fires within City Limits, suc
as in our homes,
BBQ s
and fire pits and in all of our local businesses I mean
if
your threshold is if more then
one person can smell smoke it is a Health and Safety Issue. With all the wood burning fire places within the
City limits I smell smoke from homes all winter long.
Where does this all end? Are we going to ban Dogs on Carmel Beach as their mess is a Public Nuisance?
Jolm P.
Ke my
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Exhibit 12: Correspondence A-3-CML-15-0033 (Carmel Beach Fire Mngt Pilot Program
Page 12 of 103
Watson Michaei@Coastal
From:
Sent
To
Ann Pendleton <aksimpleton@comcast.net>
Sunday November 22 2015 1:07 PM
Subject
Watson Michaei@Coastal; Craig Susan@Coastal
Fires on the beach in Carmel should remain.
Dear Coastal Commission,
Fires on the beach in Cannel should remain.
Having a safe place to build a fire and enjoy the outdoors is a simple and remarkable
experience that is becoming less and less available. Gathering at a beach fire, in the
wide open space with stars above, the ocean lapping on the shore is a fun and friendly
experience. Living on the coast this s a long time tradition and many people would .
like to see safe beach fires continue.
I am part
of
a group who gathers lx per month for a friendly gathering at Cannel
Beach. The evening adds a dimension to the beach that is quite different from my
daily walks on the beach. The fire adds to the ambience and helps us to stay outside a
little longer enjoying the sunset, after glow and each other s company in a mindful
space.
While at the evening beach fire I see families who gather together for dinner and then
remain as they sit around a fire.
No
TV, only time to sit and enjoy each other s
company. The fire, which
isn t
allowed in many cities any more, brings on it s own
wonder and entertainment. It s a nice tradition that people have done for
years. People plan to go to the beach and relax and visit around a fire. The fires at the
beach create an inexpensive and safe way to enjoy one
of
natures amazing spaces for
a longer time.
The amount of fires on the beach as well as size and location can be controlled, but
banning the fires all together would be a mistake and prevent people from exploring
another dimension of enjoying the beach and the great outdoors.
nn
endleton
aksimpleton@comcast.net
PO Box 3068
Cannel, CA 93921
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Exhibit 12: Correspondence
A-3-CML-15-0033 (Carmel Beach Fire Mngt Pilot Program
Page 13 of 103
Watson Michaei@Coastal
From:
Sent
To
Cc
Subject
Dear Michael:
David <drefuerzo@sbcglobal.net>
Sunday November 22 2015
6:33 PM
Watson, Michaei@Coastal
David Refuerzo
Carmel Wood Burning
Beach Fires
First off, I d like
to
thank you for having such
an
open dialogue with Carmel by the Sea regarding wood burning beach
fires. This
has
been a controversial topic from the beginning
that
seemingly equally divides
the
city. However,
it
isn t
an
issue that Carmel alone needs to decide upon, but rather one that has Monterey Peninsula and Central Coast wide
ramifications. I believe that this is where the California Coastal Commission needs to weigh in and bring some common
sense to
an
issue
that has
many solutions and compromises from which to choose from.
y wife and I are avid beach users whether
it
be walking our dogs on weekends/after work or sharing good times with
family and friends around a wood burning beach fire with the sound ofthe crashing surf in the background. There is
nothing quite like the tradition
of
having beach bonfires that the early Carmelites waxed poet ic about and I m sure
that
those who are opposed have never attended one.
Our group of friends and a large number of younger families are very much in favor of keeping the tradition alive while
being cognizant
of the
fact that the number
of
wood burning fires needs to
be
limited to something like 10-15 sites.
I applaud the Commission for hearing the appeal and I understand that a decision will not come easily without carefully
examining all viewpoints. Thank you for your time and for your consideration.
Best Regards,
David Refuerzo
Carmel by the
Sea
Resident
Sent from my iPad
Sent from my iPad
1
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Exhibit 12: Correspondence A-3-CML-15-0033 (Carmel Beach Fire Mngt Pilot Program
Page 14 of 103
Watson Michaei@Coastal
From
Sent:
To:
Subject:
Dear Michael/
Judy Refuerzo <carmelspinone@me.com>
Sunday/ November 22
2015 7:51
PM
Watson/ Michaei@Coastal
Carmel Wood Burning
Beach Fires
I m writing regarding bonfires on Carmel Beach a tradition
that
I hope will continue for many years.
I must say I am very disappointed in the manner
in
which the City has handled this situation. I know many people
worked hard to find a compromise and I feel that
is
the direction that should continue. Limiting the number of wood
fires
to anywhere between 10 to 20, having them in containers rings and following the current guidelines
for
size
and
location, should take
care
of any of the complaints by the citizens against the fires.
I know the group against fires will show
up
in force at the meeting scheduled for
Dec
11th 9am. Most
of
these people
are either retired or do not need to work. While I
am
afraid that most of the people who are
in
favor of fires are not
able to take a day
off
from work to attend a meeting, or perhaps don t even live in the area but visit on weekends,
monthly or yearly.
When we came to Carmel in 2000 the first friends we made were people we met on the beach walking our dogs. We
would then gather together monthly
on
a Friday night, bringing food
and
wine
to
share enjoying a sunset and a bonfire.
We still have these friends and 15 years later still enjoy meeting monthly
and
enjoying food, wine and friendship around
the fire. I know we are not the only ones to have traditions
of
bonfires: birthday celebrations, anniversaries,
graduations, family reunions, people enjoy being able to come together, watch the sunset and just enjoy being outside
and
enjoying nature.
I want to thank the Coastal Commission
for
hearing the appeal. I hope you will find that
it
isn t black or white but there
is
room
for
compromise.
Best regards,
Judy Refuerzo
Carmel
by
the
Sea
Resident
1
8/20/2019 CCC f12b-12-2015 City of Carmel Beach Fire Management Pilot Program
http://slidepdf.com/reader/full/ccc-f12b-12-2015-city-of-carmel-beach-fire-management-pilot-program 132/220
Exhibit 12: Correspondence
A-3-CML-15-0033 (Carmel Beach Fire Mngt Pilot Program
Page 15 of 103
Watson Michaei@Coastal
From:
Sent:
To
Subject:
Mr
Watson:
Thomas
R
Manniello <tmanniello@lozanosmith.com>
Tuesday
November
24 2015 10:16 AM
Watson Michael@Coastal
RE: Carmel Ban on Beach Fires
Please accept this email (below) as my comments on
the
proposed ban on beach fires. Sorry,
but
I spelled
your
name incorrectly in my first attempt
to
email you.
Tom
From:
Thomas
R Manniello
Sent: Monday, November
23 2015
3:54PM
To 'micheal.watson@coastal.ca.gov'; 'susan.craig@coastal.ca.gov'
Subject: Carmel Ban on Beach Fires
Mr. Watson Ms. Craig:
I am writing to provide comments on the proposed ban by the City of Carmel of fires on Carmel beach. I live i
Carmel over by the Mission. I DO NOT SUPPORT
THE
PROPOSED BAN.
Beach fires have been a tradition at that beach for years. I have had fires on the beach at the bottom of
13th
·
street
to
celebrate the birthdays of my children,
for
the
4th
of July, to celebrate high school graduation and
many
other
events. To
terminate the
fires
now
would prevent my
kids and
future
generations
from
enjoying
the same tradi tion. This seems to really be about an
effort
by property owners near the ocean
to
privatize the
beach by discouraging access. But I
wonder how
many
of
the people who are now complaining about the fire
bought
their
house knowing full well that the tradition has existed.
The City of Carmel is also trying to argue that smoke from the fires is a nuisance and a health issue. However,
the City does
not
seem
to
be banning wood burning fires at all
of the
hotels and residences in the City limits.
smoke really is the issue then why is the City focused solely on the beach and not all
the
other sources of
wood smoke?
I do not support a total ban on beach fires. l f the
number
of fires
is
getting out of hand, then reasonable limit
can
be imposed. Or, perhaps a
better
idea would be not
to
place a numerical
limit
but instead
to
have a
permitting
system like the national fo rest system does so that irresponsible people who leave
their
trash and
so
forth can be
fined or banned
from
having fires in
the
future?
Thank you
for
taking
the time to
read my comments.
Tom
1
8/20/2019 CCC f12b-12-2015 City of Carmel Beach Fire Management Pilot Program
http://slidepdf.com/reader/full/ccc-f12b-12-2015-city-of-carmel-beach-fire-management-pilot-program 133/220
Exhibit 12: Correspondence
A-3-CML-15-0033 (Carmel Beach Fire Mngt Pilot Program
Page 16 of 103
Thomas R anniello
Attorney at Law
T
831.646.1501
I
F 831 .646.180 1
4 Lower Ragsdale Dr.,
200
Monterey, CA 93940
lozanosmith.com
1 _____
I
Attorney
Bio I Vcard
CONFIDENTIAUTY
NOTICE:
This electronic mail transmission may contain privileged and/or confidential information only for use by the intended
recipients.
Unless
you are the addressee or authorized to receive
messages
for the addressee , you may not
use,
copy,
disclose, or
distribute this message or
any information
contained in
or
attached
to it) to anyone.
You
may
be
subject to
civil
action and/or
criminal penalties
for violation of this restriction. f
you
received this transmission
in
error,
please
notify the sender by
reply
e-mail or by telephone at BOO)
445-9430 and
delete the transmission. Thank
you.
8/20/2019 CCC f12b-12-2015 City of Carmel Beach Fire Management Pilot Program
http://slidepdf.com/reader/full/ccc-f12b-12-2015-city-of-carmel-beach-fire-management-pilot-program 134/220
Exhibit 12: Correspondence
A-3-CML-15-0033 (Carmel Beach Fire Mngt Pilot Program
Page 17 of 103
Watson Michaei@Coastal
From:
Sent
To
Subject
Stacy Wilmoth <stacywilmoth@hotmail.com>
Monday November
23
2015 9:51
PM
Watson Michaei@Coastal; Craig Susan@Coastal
Carmel bonfires
I really hope we will
be
able to continue having bonfires in Carmel. This is-how I choose to celebrate
y
birthday every
year and I would be really sad to
not
be able to enjoy this anymore.
Sent from my iPhone
1
8/20/2019 CCC f12b-12-2015 City of Carmel Beach Fire Management Pilot Program
http://slidepdf.com/reader/full/ccc-f12b-12-2015-city-of-carmel-beach-fire-management-pilot-program 135/220
Exhibit 12: Correspondence
A-3-CML-15-0033 (Carmel Beach Fire Mngt Pilot Program
Page 18 of 103
Watson Michaei@Coastal
From:
Sent
To
Subject
Michae1
David
Fried
<tahoe415@yahoo.com>
Monday, November
23 2015 8:28
PM
Watson, Michaei@Coastal
Carmel beach fires
As a former resident of four years in Carmel, I believe strongly th t fires should remain apart of the tradition for beach
goers. I understand th t limitations maybe necessary but please do not end the enjoyment
of
a longstanding activity for
locals and visitors alike.
Sincerely,
David Fried
8/20/2019 CCC f12b-12-2015 City of Carmel Beach Fire Management Pilot Program
http://slidepdf.com/reader/full/ccc-f12b-12-2015-city-of-carmel-beach-fire-management-pilot-program 136/220
Exhibit 12: Correspondence
A-3-CML-15-0033 (Carmel Beach Fire Mngt Pilot Program
Page 19 of 103
Watson Michaei@Coastal
From:
Sent
To:
Subject
>Hi
there,
>
Shirley Franklin <shfrankli@yahoo.com>
Monday, November
23
2015 8:07 PM
Watson, Michaei@Coastal
In favor
of
Carmel beach fires
>I m in favor
of
10
to
12 only) fires
IN
CONTAINERS on
the
Carmel beach.
>
>Shirley
Franklin
> 1101 Harrison st
>
Monterey Ca
93940
1
8/20/2019 CCC f12b-12-2015 City of Carmel Beach Fire Management Pilot Program
http://slidepdf.com/reader/full/ccc-f12b-12-2015-city-of-carmel-beach-fire-management-pilot-program 137/220
Exhibit 12: Correspondence
A-3-CML-15-0033 (Carmel Beach Fire Mngt Pilot Program
Page 20 of 103
Sent: Tuesday, November 03, 2015 12:01
PM
To: Watson, Michaei@Coastal
Subject: Carmel
Beach Fires
Michael Watson
California Coastal Commission
Dear Mr. Watson:
I received and have read Susan Craig's letter to the City
of
Carmel-by-the-Sea.
As
a member
of
the Carmel community
since
1989, I appreciate the Commission's interest
in
addressing the public's access
to
a family and community
recreational activity we've been able
to
enjoy for the
26
years I've lived here. For those
of
us that live outside the 1
square mile City boundary, yet within the 93923 area code, it 's rather frustrating that a group of 5 council members for
that
one square mile area can dictate the use
of
the area's beachfront.
Quite frankly, I believe that the City
is
responding principally
to
a small group of folks, many
of
whom have principal
residences outside our community; that is several
of the
folks behind the
ban
only have 2nd homes in Carmel. From
information in the City's public on-line files on the topic, I
have
been able
to
trace many
of
these folks who support the
ban, and where they actually live. While the principal protagonist, Kathleen Bang a Commissioner on the City's Forest
Beach Commission, lives in a new and extremely large home on Scenic, many ofthose from whom she's solicited
support do not live here. This may not be germane
to
the greater debate
ofthe
issue,
but
it seems
to
me
to
have
some relevance for those of
us
that make this community our home, and have for decades. It's rather like those that
purchase homes near an airport, then complain about the noise. It is difficult
for
one
to
disabuse one's notion
that
these folks wish
to
establish some greater privacy on what they perhaps consider
their
beach.
As you, I
also
obtained from Mr. Steadman his rough data, though he
wouldn't
provide me the City's report analyzing
that
data. (Mr. Steadman actually told
me
that he didn't think the City would release it
to
me without a public records
request.) As Ms. Craig mentioned
in
her letter, and though I
am
certainly
no
expert,
it
did seem the data was obtained
only on a holiday weekend. Mr. Steadman told me that there was only a single moni toring device, but wouldn't tell me
whether
his
agency voluntarily placed it, or whether its location on a private party's parcel (which he did confirm) was
b
the invitation
of
that owner. My sense is was the latter, thus indicating some desire to load the results
to
support a
conclusion
that
the 5 council members and this small group
of
supporters
had
already decided. It occurred to me
it
was
likely prudent
to
obtain more data from several locations along Scenic and several locations one, two and even three
blocks away,
as
well
as on
several weekends. That clearly was not done.
Since the Commission initially stated that the ban violated the
LCP
the City has maintained
their
signs enforcing
the
ban
On one occasion while walking our dog along Scenic the only 2 police officers on duty in the City at any given time were
standing on the recreation trai l overlooking the beach. They said they were instructed that the City would continue to
enforce the ban despite the Commission's involvement. They
also said
that, despite an article in the local paper,
the
Ci
and the Commission
had
a meeting that supported the City's
ban- that
the newspaper had it incorrect.
I appreciate the Commission's interest in this issue.
Don
Leach
Carmel, CA
8/20/2019 CCC f12b-12-2015 City of Carmel Beach Fire Management Pilot Program
http://slidepdf.com/reader/full/ccc-f12b-12-2015-city-of-carmel-beach-fire-management-pilot-program 138/220
Exhibit 12: Correspondence A-3-CML-15-0033 (Carmel Beach Fire Mngt Pilot Program
Page 21 of 103
Watson Michael@Coastal
From:
Sent
To:
Subject
Lindy Marrington < indymarrington@sbcglobal.net>
Thursday September
03
2015 8:44 PM
kathleen bang; jason.burnett@gmail.com; carrie@hofsashouse.com; kktalm@aol.com;
vebeach@gmail.com; sgdallas@yahoo.com; rmullane@ci.carmel.ca.us;
dschmitz@ci.carmel.ca.us; mcalhoun@ci.carmel.ca.us; Watson Michaei@Coastal
Re:
Update and Call
to
Action
Thank you Kathy for the detailed email on how to move forward to protect and preserve Carmel beach for all
beach goers, locals and visitors alike.
Have blind cc'd
To
All,
Our vote is to go for option #3: sk city council to pass an ordinance now t extend the fire prohibition t 7
days and make it a permanent ordinance not an urgency ordinance. . . believe that this ordinance would have
t
be drafted
at
the request
of
city council then heard at Planning Commission
and
Forest
and
Beach where
t
would get more public hearings
and
then go t city council for final approval.
Whatever action
is talcen
is going to take time. All the while, the beach and surrounding environment continue
to be desecrated. Carmel beach is now a global destination. People come here from all over the world to
experience this white sand beach. As stewards o this sacred spot we feel that option 3 is the only responsible
recourse.
Thankfully, in 1975, these California coastal waters were designated a marine sanctuary. Our beach is an
extension o that sanctuary and deserves to be treated as such. This coastline that we are so privileged to live o
has one
o
the cleanest oceans left on the planet due in part to the marine sanctuary that was put in place 40
years ago. Tragically, in many other parts
o
the world the oceans are collapsing.
In the short video below, much o the abuse that has happened to this once clean beach began "surfacing"
just
since the 1990's. Humans cannot see what is going on beneath the ocean.
t is way too easy to take an "out o sight, out o mind" approach. We are fooling ourselves i we believe it is
acceptable to let the ocean absorb the charcoal and the garbage that is being generated due to the activity o
beach fires. Oceans are connected and do not honor boundaries on a map. We believe we need to think
globally and care about all oceans and beaches and lead by example.
On clear and sunny days Carmel Bay is a turquoise jewel.
t
looks that way because the waters are clean and
the sand is white We have a huge opportunity here to demonstrate literally around the world what good beach
stewardship looks like. Hopefully, some
o
our global visitors, will
talce
home with them a lasting impression
o
one
o
the most pristine beaches on the planet and begin to appreciate more and take better care
o
their
beaches back home.
The ancient Aflican proverb, "it takes a village" could not be more fitting or timely.
Lindy Manington and Mike Cate
1
8/20/2019 CCC f12b-12-2015 City of Carmel Beach Fire Management Pilot Program
http://slidepdf.com/reader/full/ccc-f12b-12-2015-city-of-carmel-beach-fire-management-pilot-program 139/220
Exhibit 12: Correspondence
A-3-CML-15-0033 (Carmel Beach Fire Mngt Pilot Program
Page 22 of 103
Our hearts go out to our fellow humans in this video can only imagine that they too are disheartened at what is
happening to their once coveted beach
https:/ www.voutube.com/watch?v=4MJCZvLKJP A
2
8/20/2019 CCC f12b-12-2015 City of Carmel Beach Fire Management Pilot Program
http://slidepdf.com/reader/full/ccc-f12b-12-2015-city-of-carmel-beach-fire-management-pilot-program 140/220
Exhibit 12: Correspondence
A-3-CML-15-0033 (Carmel Beach Fire Mngt Pilot Program
Page 23 of 103
Watson Michaei@Coastal
From:
Sent:
To
Subject:
Mr
Watson:
Thomas
R
Manniello <tmanniello@lozanosmith.com>
Tuesday
November
24 2015 10:16 AM
Watson Michael@Coastal
RE: Carmel Ban on Beach Fires
Please accept this email (below) as my comments on
the
proposed ban on beach fires. Sorry,
but
I spelled
your
name incorrectly in my first attempt
to
email you.
Tom
From:
Thomas
R Manniello
Sent: Monday, November
23 2015
3:54PM
To 'micheal.watson@coastal.ca.gov'; 'susan.craig@coastal.ca.gov'
Subject: Carmel Ban on Beach Fires
Mr. Watson Ms. Craig:
I am writing to provide comments on the proposed ban by the City of Carmel of fires on Carmel beach. I live i
Carmel over by the Mission. I DO NOT SUPPORT
THE
PROPOSED BAN.
Beach fires have been a tradition at that beach for years. I have had fires on the beach at the bottom of
13th
·
street
to
celebrate the birthdays of my children,
for
the
4th
of July, to celebrate high school graduation and
many
other
events. To
terminate the
fires
now
would prevent my
kids and
future
generations
from
enjoying
the same tradi tion. This seems to really be about an
effort
by property owners near the ocean
to
privatize the
beach by discouraging access. But I
wonder how
many
of
the people who are now complaining about the fire
bought
their
house knowing full well that the tradition has existed.
The City of Carmel is also trying to argue that smoke from the fires is a nuisance and a health issue. However,
the City does
not
seem
to
be banning wood burning fires at all
of the
hotels and residences in the City limits.
smoke really is the issue then why is the City focused solely on the beach and not all
the
other sources of
wood smoke?
I do not support a total ban on beach fires. l f the
number
of fires
is
getting out of hand, then reasonable limit
can
be imposed. Or, perhaps a
better
idea would be not
to
place a numerical
limit
but instead
to
have a
permitting
system like the national fo rest system does so that irresponsible people who leave
their
trash and
so
forth can be
fined or banned
from
having fires in
the
future?
Thank you
for
taking
the time to
read my comments.
Tom
1
8/20/2019 CCC f12b-12-2015 City of Carmel Beach Fire Management Pilot Program
http://slidepdf.com/reader/full/ccc-f12b-12-2015-city-of-carmel-beach-fire-management-pilot-program 141/220
Exhibit 12: Correspondence
A-3-CML-15-0033 (Carmel Beach Fire Mngt Pilot Program
Page 24 of 103
Thomas R anniello
Attorney at Law
T
831.646.1501
I
F 831 .646.180 1
4 Lower Ragsdale Dr.,
200
Monterey, CA 93940
lozanosmith.com
1 _____
I
Attorney
Bio I Vcard
CONFIDENTIAUTY
NOTICE:
This electronic mail transmission may contain privileged and/or confidential information only for use by the intended
recipients.
Unless
you are the addressee or authorized to receive
messages
for the addressee , you may not
use,
copy,
disclose, or
distribute this message or
any information
contained in
or
attached
to it) to anyone.
You
may
be
subject to
civil
action and/or
criminal penalties
for violation of this restriction. f
you
received this transmission
in
error,
please
notify the sender by
reply
e-mail or by telephone at BOO)
445-9430 and
delete the transmission. Thank
you.
8/20/2019 CCC f12b-12-2015 City of Carmel Beach Fire Management Pilot Program
http://slidepdf.com/reader/full/ccc-f12b-12-2015-city-of-carmel-beach-fire-management-pilot-program 142/220
Exhibit 12: Correspondence
A-3-CML-15-0033 (Carmel Beach Fire Mngt Pilot Program
Page 25 of 103
Watson Michaei@Coastal
From:
Sent
To
Subject
Stacy Wilmoth <stacywilmoth@hotmail.com>
Monday November
23
2015 9:51
PM
Watson Michaei@Coastal; Craig Susan@Coastal
Carmel bonfires
I really hope we will
be
able to continue having bonfires in Carmel. This is-how I choose to celebrate
y
birthday every
year and I would be really sad to
not
be able to enjoy this anymore.
Sent from my iPhone
1
8/20/2019 CCC f12b-12-2015 City of Carmel Beach Fire Management Pilot Program
http://slidepdf.com/reader/full/ccc-f12b-12-2015-city-of-carmel-beach-fire-management-pilot-program 143/220
Exhibit 12: Correspondence
A-3-CML-15-0033 (Carmel Beach Fire Mngt Pilot Program
Page 26 of 103
Watson Michaei@Coastal
From:
Sent
To
Subject
Michae1
David
Fried
<tahoe415@yahoo.com>
Monday, November
23 2015 8:28
PM
Watson, Michaei@Coastal
Carmel beach fires
As a former resident of four years in Carmel, I believe strongly th t fires should remain apart of the tradition for beach
goers. I understand th t limitations maybe necessary but please do not end the enjoyment
of
a longstanding activity for
locals and visitors alike.
Sincerely,
David Fried
8/20/2019 CCC f12b-12-2015 City of Carmel Beach Fire Management Pilot Program
http://slidepdf.com/reader/full/ccc-f12b-12-2015-city-of-carmel-beach-fire-management-pilot-program 144/220
Exhibit 12: Correspondence
A-3-CML-15-0033 (Carmel Beach Fire Mngt Pilot Program
Page 27 of 103
Watson Michaei@Coastal
From:
Sent
To:
Subject
>Hi
there,
>
Shirley Franklin <shfrankli@yahoo.com>
Monday, November
23
2015 8:07 PM
Watson, Michaei@Coastal
In favor
of
Carmel beach fires
>I m in favor
of
10
to
12 only) fires
IN
CONTAINERS on
the
Carmel beach.
>
>Shirley
Franklin
> 1101 Harrison st
>
Monterey Ca
93940
1
8/20/2019 CCC f12b-12-2015 City of Carmel Beach Fire Management Pilot Program
http://slidepdf.com/reader/full/ccc-f12b-12-2015-city-of-carmel-beach-fire-management-pilot-program 145/220
Exhibit 12: Correspondence
A-3-CML-15-0033 (Carmel Beach Fire Mngt Pilot Program
Page 28 of 103
Sent: Tuesday, November 03, 2015 12:01
PM
To: Watson, Michaei@Coastal
Subject: Carmel
Beach Fires
Michael Watson
California Coastal Commission
Dear Mr. Watson:
I received and have read Susan Craig's letter to the City
of
Carmel-by-the-Sea.
As
a member
of
the Carmel community
since
1989, I appreciate the Commission's interest
in
addressing the public's access
to
a family and community
recreational activity we've been able
to
enjoy for the
26
years I've lived here. For those
of
us that live outside the 1
square mile City boundary, yet within the 93923 area code, it 's rather frustrating that a group of 5 council members for
that
one square mile area can dictate the use
of
the area's beachfront.
Quite frankly, I believe that the City
is
responding principally
to
a small group of folks, many
of
whom have principal
residences outside our community; that is several
of the
folks behind the
ban
only have 2nd homes in Carmel. From
information in the City's public on-line files on the topic, I
have
been able
to
trace many
of
these folks who support the
ban, and where they actually live. While the principal protagonist, Kathleen Bang a Commissioner on the City's Forest
Beach Commission, lives in a new and extremely large home on Scenic, many ofthose from whom she's solicited
support do not live here. This may not be germane
to
the greater debate
ofthe
issue,
but
it seems
to
me
to
have
some relevance for those of
us
that make this community our home, and have for decades. It's rather like those that
purchase homes near an airport, then complain about the noise. It is difficult
for
one
to
disabuse one's notion
that
these folks wish
to
establish some greater privacy on what they perhaps consider
their
beach.
As you, I
also
obtained from Mr. Steadman his rough data, though he
wouldn't
provide me the City's report analyzing
that
data. (Mr. Steadman actually told
me
that he didn't think the City would release it
to
me without a public records
request.) As Ms. Craig mentioned
in
her letter, and though I
am
certainly
no
expert,
it
did seem the data was obtained
only on a holiday weekend. Mr. Steadman told me that there was only a single moni toring device, but wouldn't tell me
whether
his
agency voluntarily placed it, or whether its location on a private party's parcel (which he did confirm) was
b
the invitation
of
that owner. My sense is was the latter, thus indicating some desire to load the results
to
support a
conclusion
that
the 5 council members and this small group
of
supporters
had
already decided. It occurred to me
it
was
likely prudent
to
obtain more data from several locations along Scenic and several locations one, two and even three
blocks away,
as
well
as on
several weekends. That clearly was not done.
Since the Commission initially stated that the ban violated the
LCP
the City has maintained
their
signs enforcing
the
ban
On one occasion while walking our dog along Scenic the only 2 police officers on duty in the City at any given time were
standing on the recreation trai l overlooking the beach. They said they were instructed that the City would continue to
enforce the ban despite the Commission's involvement. They
also said
that, despite an article in the local paper,
the
Ci
and the Commission
had
a meeting that supported the City's
ban- that
the newspaper had it incorrect.
I appreciate the Commission's interest in this issue.
Don
Leach
Carmel, CA
8/20/2019 CCC f12b-12-2015 City of Carmel Beach Fire Management Pilot Program
http://slidepdf.com/reader/full/ccc-f12b-12-2015-city-of-carmel-beach-fire-management-pilot-program 146/220
Exhibit 12: Correspondence A-3-CML-15-0033 (Carmel Beach Fire Mngt Pilot Program
Page 29 of 103
Watson Michael@Coastal
From:
Sent
To:
Subject
Lindy Marrington < indymarrington@sbcglobal.net>
Thursday September
03
2015 8:44 PM
kathleen bang; jason.burnett@gmail.com; carrie@hofsashouse.com; kktalm@aol.com;
vebeach@gmail.com; sgdallas@yahoo.com; rmullane@ci.carmel.ca.us;
dschmitz@ci.carmel.ca.us; mcalhoun@ci.carmel.ca.us; Watson Michaei@Coastal
Re:
Update and Call
to
Action
Thank you Kathy for the detailed email on how to move forward to protect and preserve Carmel beach for all
beach goers, locals and visitors alike.
Have blind cc'd
To
All,
Our vote is to go for option #3: sk city council to pass an ordinance now t extend the fire prohibition t 7
days and make it a permanent ordinance not an urgency ordinance. . . believe that this ordinance would have
t
be drafted
at
the request
of
city council then heard at Planning Commission
and
Forest
and
Beach where
t
would get more public hearings
and
then go t city council for final approval.
Whatever action
is talcen
is going to take time. All the while, the beach and surrounding environment continue
to be desecrated. Carmel beach is now a global destination. People come here from all over the world to
experience this white sand beach. As stewards o this sacred spot we feel that option 3 is the only responsible
recourse.
Thankfully, in 1975, these California coastal waters were designated a marine sanctuary. Our beach is an
extension o that sanctuary and deserves to be treated as such. This coastline that we are so privileged to live o
has one
o
the cleanest oceans left on the planet due in part to the marine sanctuary that was put in place 40
years ago. Tragically, in many other parts
o
the world the oceans are collapsing.
In the short video below, much o the abuse that has happened to this once clean beach began "surfacing"
just
since the 1990's. Humans cannot see what is going on beneath the ocean.
t is way too easy to take an "out o sight, out o mind" approach. We are fooling ourselves i we believe it is
acceptable to let the ocean absorb the charcoal and the garbage that is being generated due to the activity o
beach fires. Oceans are connected and do not honor boundaries on a map. We believe we need to think
globally and care about all oceans and beaches and lead by example.
On clear and sunny days Carmel Bay is a turquoise jewel.
t
looks that way because the waters are clean and
the sand is white We have a huge opportunity here to demonstrate literally around the world what good beach
stewardship looks like. Hopefully, some
o
our global visitors, will
talce
home with them a lasting impression
o
one
o
the most pristine beaches on the planet and begin to appreciate more and take better care
o
their
beaches back home.
The ancient Aflican proverb, "it takes a village" could not be more fitting or timely.
Lindy Manington and Mike Cate
1
8/20/2019 CCC f12b-12-2015 City of Carmel Beach Fire Management Pilot Program
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Exhibit 12: Correspondence
A-3-CML-15-0033 (Carmel Beach Fire Mngt Pilot Program
Page 30 of 103
Our hearts go out to our fellow humans in this video can only imagine that they too are disheartened at what is
happening to their once coveted beach
https:/ www.voutube.com/watch?v=4MJCZvLKJP A
2
8/20/2019 CCC f12b-12-2015 City of Carmel Beach Fire Management Pilot Program
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Exhibit 12: Correspondence
A-3-CML-15-0033 (Carmel Beach Fire Mngt Pilot ProgramPage 31 of 103
Watson Michaei@Coastal
From
Sent:
Ashley Meilan <ashley.meilan@gmail.com>
Tuesday November 24 2015 7:38 AM
To
Subject:
Watson Michaei@Coastal; Craig Susan@Coastal
Carmel Beach Fires
Good Morning,
Beach fires in Carmel is something that all visitors to the Carmel area enjoy. Every time I speak with a guest of
one
of
our luxury vacation rentals or any visitor to Carmel a beach fire is always on their list of things to do.
There is nothing more enjoyable than watching the sunset while sitting on the beautiful Carmel beach roasting
marshmallows while hearing the ocean roar behind you.
I believe the locals and visitors to our area would be deeply deprived of an iconic beach event if beach fires are
completely banned. Perhaps it is time to look at moderate restrictions so that the beach environments are
unharmed but still allow all to periodically enjoy a beach bonfire.
Regards,
Ashley
Meilan
Broker
Elite Carmel
Lm ury
Estates, Inc.
Cell:
831.444.2262
CaTIBFUE: 1876699
www.EliteCarmel.com
v.rw\v.AshleyMeilan.com
1
8/20/2019 CCC f12b-12-2015 City of Carmel Beach Fire Management Pilot Program
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Exhibit 12: Correspondence
A-3-CML-15-0033 (Carmel Beach Fire Mngt Pilot Program
Page 32 of 103
Watson Michaei@Coastal
From:
Sent
To:
Subject
Robin
J <
rjepsen.law@gmail.com
>
Tuesday November
24
2015 8:47
M
Watson Michael@Coastal; Craig Susan@Coastal
Support
for
Carmel Beach fire rings
Dear Mr. Watson and Ms. Craig:
I am writing to voice my support for approval o fire rings on Cannel Beach.
Please
o
not totally eliminate beach fires. They are part o our California Coastal Culture. ·
Fire rings provide a simple method to limit the number and location o fires and to contain the debris.
Please give fire rings at Carmel Beach a chance.
Thank you.
Robin Jepsen
Resident o Monterey CA
1
8/20/2019 CCC f12b-12-2015 City of Carmel Beach Fire Management Pilot Program
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Exhibit 12: Correspondence
A-3-CML-15-0033 (Carmel Beach Fire Mngt Pilot Program
Page 33 of 103
Page 1
of2
Carole Groom - Follow up
; I I I J H l H U U t l l l l l l l l i H m : l l 1 U I U i l t l : l t l : I K . I A I I H I J U t ( l i l l l t ' 1 " 1 t n l l l m l l l r n n r u . H t l l ~ l l W . I t n t l i ' l f W i l f J J ~ H I W I I l i i i l U l - l l l l l . l l l l l l i i J U I I I H i l : U a i U H t n l l l l 1 l I U H i t i i i Y l U I : f l ~ U n i i J I I . } . j l Q f l t t l l l l . l l U . I l l l U l m . I U . I 1 t H U H U l m l t U t l l U I f f i i ~ I U T I I f i U D I l l i ~ I B l U . 1 l
From:
To:
Date:
Sub,ject:
CC:
kathleen bang <katl1ybang@)ne.com>
Carole Groom <cgroom@smcgov.org>
11/12/2015
1:08PM
Follow up
John and Donna Cromwell <john@cromwell.net>
·-----······ · · · · · · · · · · · · ~ · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · ·
............................
_. ___________ . __ . .
.
_______________________
_________________
. _ ____________________________________,_,,, ._ _____________ .
-
...................... _ __
. .
I-Ii
Carole. lam sorry that
we
missed you today, but I thought I would take a
momentto
introduce
myself and give yoi1 a bit of information prior to om call. By the way, we have health care in common,
I
was the COO at Northwestern Memorial Hospital for
18
years before moving to Califoni.ia.
I
ani not sure how much you know about the situation in Cannel, and
I certai.J.uy don t
speak for the
many people who are concerned about open burning on o1n· beach, but
I
would like to make the
following points about our desire to revise
tl1e
pilot to propane muy.
I
l m o \ ~ '
you are on the Air Board in the Bay mea.
I
believe that
tl1e
CCC needs to listen to our regional
air expert, Richard Stedman. The designated
aiJ:
quality experts in the state me those under the
California Air Resomces Board (CARB) of which
om
agency is
tl1e
Monterey
Bay
Unified Air
Pollution Control District (MBUAPCD). Richard Stedman is the Director.
Richardis
also
the President California Air Pollution Control Officers Association this year.
He is
a national
expert in the field
of
particulate matter and public health. State law directs that only the local air district
authorities can opine on this issue
of
air quality.
We
should be working cooperatively with him not
:fighting him. Unforttmately an ecologist with the CCC is attempting to assert
herself as an
expert over
Richard.
111e CCC is relying on
an
outdated concept that wood fires are the best way to promote ''access
to
the
beach for the underserved. These fires are
now
known to release harmful pmiiculate matter into the
ai.r.
While there has been a long tradition
of
wood fires, there are many other practices we had
as
tradition, that are no longer permitted (e.g., smoking in airplanes and hospitals, sending fneworks i.J.1to
the Bay, carrying babies on our laps in cars, riding motorcycles witl1out helmets, etc) .because they no
. lo1iger make common sense. The practice of open burning
on
beaches no longer
makes
conm1on
sense. Propane fires provide an alternative
tl1at
does not force a false choice between clean air and
burning wood on benches.
The CCC has an opportunity to find other ways to
meet
its access goals. Why not sponsor trips to tl1e
coast, assist wlth transportation, have regular free picnics on beaches, use tl1e AquariLm1 for educational
programs, etc?
t is very important to note
that
a solution that uses propane fuel-only is consistent with our current LCP
(Locnl Coastal Plan). The
plan
says fiTes ,
not
wood fnes.
t
does
not
specify the fuel.
In addition, there are other environmental iss1..1es at play: the beach, the ocean and the air. See the
following Y outu be video :
h t 1 I ~ ~ ~ L ~ ~ _ ? . t _ Y i J : s m ~ 1 . i l 2 . 9 _ , . £ m i l Y J 1 1 9 h 7.Y::.D.:[Q
n}}_y_y.Q 15.2
By the
way
access has been
improved
due
to
the moratorium Cam1el has in place on weekends ru1cl
holidays, not lessened. Many people are telling the city they can now visit the beach on the days there
are no wood fnes when they could not before due to air quality and d1..1e to asthma and other
conditions. People can open ,.,,lndows and doors and enjoy the sunset and ocean breezes when they
file:///C:/Users/cgroom/AlJPData/Local/Temp/XPgrpwise/56448F5Fcmodocmopo 100176... 1] /16/2015
8/20/2019 CCC f12b-12-2015 City of Carmel Beach Fire Management Pilot Program
http://slidepdf.com/reader/full/ccc-f12b-12-2015-city-of-carmel-beach-fire-management-pilot-program 151/220
Exhibit 12: Correspondence
A-3-CML-15-0033 (Carmel Beach Fire Mngt Pilot Program
Page 34 of 103
Page 2 of2
could not due
to
wood fires and the harmful wood smoke pmiicles they disperse , I have photos of
thousands people on the beach during the first two weekends ofthe moratorium and would be happy
to
send them to you.
t seems unfair that one conummity has to pay the price for tl1e Coastal Commissions ·outdated view that
only wood fires provide access. Other beaches in the region including Sta te beaches who can ban
fires without Coastal Commission approval} no longer permit wood fires, which
concentrates the
number i n ~ s at Carmel Beach and greatly intensifies the adverse impact on a single beach in the
region.
The missionofthe CCC is not served but rather VIOLATED by promoting tl1is unhealthy activity, that
pollutes the
ai.T the beach and the ocean.
I did want to correct one point
in
the recent lettersent
to
Cannel. In
it
the CCC
staff
states that we have
good air 98 ofthe time. That would naturally be the case,
as
we only have fires about 3 hours per ·
evening on 4 evenings per week since the moratorium went into effect. A parallel example wou.ld be if
you
said a restaurant or bm that allowed smokers has good air most of the day because-true, because it
is closed all the other hours.
Thru1ks,
Carole foi your time m1d for
yom
service to all of
us.
Kathy Bang
Carmel by the Sea
fil.e:/1/C:/Users/cgroom/ AppData/Local/Temp/XPgrpwise/56448F5Fcmoclocmopo 100 176... 11/16/2015
8/20/2019 CCC f12b-12-2015 City of Carmel Beach Fire Management Pilot Program
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Exhibit 12: Correspondence
A-3-CML-15-0033 (Carmel Beach Fire Mngt Pilot Program
Page 35 of 103
Watson Michaei@Coastal
From:
Sent
To:
Subject
Craig Susan@Coastal
Monday November 23 2015 9:29 AM
Watson Michaei@Coastal
FW:
Carmel Beach
Fires
From:
Margaret Netto [mailto:margaretnetto@yahoo.com]
Sent
Sunday November 22 2015
:32PM
To:
Craig Susan@Coastal
Subject Carmel Beach Fires
Dear Coastal Commission
We support beach fires on Carmel Beach. We have enjoyed having beach fires with friends and
family on Carmel Beach for
30
years. It would
be
unfortunate to stop this tradition that makes Carmel
a unique beach city.
Margaret Netto
1
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Exhibit 12: Correspondence
A-3-CML-15-0033 (Carmel Beach Fire Mngt Pilot Program
Page 36 of 103
Watson Michaei@Coastal
From: Craig, Susan@Coastal
Sent
To:
Monday, November
23
2015 9:28 AM
Watson, Michaei@Coastal
Subject
FW:
Carmel Beach Fires
-----Original Message-----
From: Jeanne Cahill [mai lto:jeannecahill@sbcglobal.net]
Sent: Saturday, November 21, 2015 5:25
PM
To: Craig, Susan@Coastal
Cc: Frank
Subject: Carmel Beach Fires
Moving to Carmel a year ago it was exciting walking the beaches, enjoying nature at its best. How inspiring the cool,
crisps nights became watching the sunset
or
joining some friends around a beach fire, relishing the atmosphere.
I was astonished to find the Council wanted to band beach fires on Carmel beaches, stating it was a Public health issue
lii can say is that's a LONG stretch, when the Council should be more interested and concerned trying to improve thei
streets, which feel like driving down a
dirt
road and
trimming
trees
that
are hanging on
the
electric lines. Now that's a
fire hazard, as well as a public health issue .
Say NO to banning Carmel beach fires.
Thank you,
Jeanne Cahill
Sent from my iPhone
8/20/2019 CCC f12b-12-2015 City of Carmel Beach Fire Management Pilot Program
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Exhibit 12: Correspondence
A-3-CML-15-0033 (Carmel Beach Fire Mngt Pilot Program
Page 37 of 103
Watson Michaei@Coastal
From:
Sent
To
Subject
Marlena Montaney <lenamaxphoto@gmail.com>
Monday, November
23
2015 2:21 PM
Watson, Michaei@Coastal; Craig, Susan@Coastal
Beach
Fires
on Carmel
Beach
Please preserve the beauty and community
ofbe ch
fires that have been a part of the fabric of what makes
Carmel Beach special for nearly 100 years.
Some rules are wonderful. Having them
in
containers is a great idea. Getting rid
of
them is not.
I m attaching a
linlc
to a wedding that brought over 50 guests from all over the nation to enjoy a romantic
reception on Carmel Beach. You can see from the pictures
the
joy
these fires bring to many.
http:/ lenarnaxphoto.pass.us/millervows
PS
The lanterns never did get sent up. They were meant to honor a baby lost to SIDS, but were not allowed to be
sent up. I captured the lighting of them and left them
in
because I felt it was meaningful.
Marlena Montaney
Photographer and LEED Green Associate
0
= ~ = ~ _ _
http://www. weddingphotographermontereycOlmty.com
http://lenama x:photo weeblv om
Face Book
831-261-0167 text please)
1
8/20/2019 CCC f12b-12-2015 City of Carmel Beach Fire Management Pilot Program
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Exhibit 12: Correspondence A-3-CML-15-0033 (Carmel Beach Fire Mngt Pilot Program
Page 38 of 103
Denise
and Dusty
Page
1 of
B CK
DD TO
C RT DOWNLO D
F VORITE F CEBOOK
EM IL PINTER
EST
http:/ lenamaxphoto. pass. us/millervows/i V3LsH127 7 8612
11/23/2015
8/20/2019 CCC f12b-12-2015 City of Carmel Beach Fire Management Pilot Program
http://slidepdf.com/reader/full/ccc-f12b-12-2015-city-of-carmel-beach-fire-management-pilot-program 156/220
Exhibit 12: Correspondence
A-3-CML-15-0033 (Carmel Beach Fire Mngt Pilot Program
Page 39 of 103
Denise and Dusty
Page 1
o
4
B CK
DD
TO C RT DOWNLO D
F VORITE F CE BOOK EM IL
PINTER EST
http://lenamaxphoto.pass.us/millervows/i L59SB127155359
11/23/2015
8/20/2019 CCC f12b-12-2015 City of Carmel Beach Fire Management Pilot Program
http://slidepdf.com/reader/full/ccc-f12b-12-2015-city-of-carmel-beach-fire-management-pilot-program 157/220
Exhibit 12: Correspondence
A-3-CML-15-0033 (Carmel Beach Fire Mngt Pilot Program
Page 40 of 103
Watson Michaei@Coastal
From:
Sent
To
Subject
Good Afternoon
RYAN MCCORMICK <ryanjmccormick@me.com>
Monday November
23
2015 1:18 PM
Watson Michaei@Coastal; Craig Susan@Coastal
Carmel Beach
Fires
I understand th t you will soon be hearing opinions on fires at Carmel Beach.
IV]y
wife and I live in Monterey I work in
Carmel and we have been visiting Carmel Beach
for
years. Just two weeks ago we enjoyed a fire one weeknight and
Sunday we were t the beach with
our
dog. I would like to voice my support to maintain some ability to have
wood-
burning fires at Carmel Beach. We are
not
completely against the reduction
ofthe
number
of fires during the weekend
or throughout
the week
or
the use of fire rings
to
control debris but we do urge you
to support
the continued use of
wood fires on the beach.
Thank you
Sent
from
my iPad
1
8/20/2019 CCC f12b-12-2015 City of Carmel Beach Fire Management Pilot Program
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Exhibit 12: Correspondence
A-3-CML-15-0033 (Carmel Beach Fire Mngt Pilot Program
Page 41 of 103
Watson Michaei@Coastal
From:
Sent
To:
Subject
Phyllis
Shane <shanephyllis@gmail.com>
Tuesday, November
24
2015
2:52 PM
Watson, Michaei@Coastal; Craig Susan@Coastal
Beach
Fires
Please don't outlaw fires on Carmel Beach. t is such a special thing. Even ifth r are only 10 fire pits, it is
better than nothing. Some
of
my best moments and memories of sitting on the beach with a fire
8/20/2019 CCC f12b-12-2015 City of Carmel Beach Fire Management Pilot Program
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Exhibit 12: Correspondence
A-3-CML-15-0033 (Carmel Beach Fire Mngt Pilot Program
Page 42 of 103
Watson Michaei@Coastal
From:
Sent
To:
Mary Liskin <mary@lmadigital.com>
Wednesday November 18 2015 10:46 AM
Subject
Lester Charles@Coastal; Watson Michaei@Coastal
Fwd:
Land
o the free
home
ofthe
COSTLY ..
Dear Sirs and Califomia Coastal Commission,
I recently read your mission statement including "protect, conserve, restore and
enhance environmental and human-based resources
of
the CA coast and ocean for
environmentally sustainable and prudent use by current and future generations".
I implore you to fully protect Carmel Beach with
it s
unique crushed granite
sparkling sand. It needs to be
c h e r i s h e d ~
The ocean next to it should not be
used as a "toilet" flushing man-made debris into the bottom of Carmel Bay. It is
only "coughed up" at the next storm. (see bottom photo picked up
in just
one
block length). Truly, this has nothing to do with Public Access.
At
no time, has
anyone been denied the right to enjoy this beach.
With more and more Califomia beaches not allowing fires or even alcohol, it has
exponentially increased it here. The City
of
Carmel finds itself with the ominous
and costly job
of
cleaning up after people who may have good intentions after
dark, but for variety
of
reasons
can t
or don't . My daytime walks
on
the beach
end up with taking a bag full of garbage up as I can't stand to
just
leave it or allow
the birds to poison themselves with it. Alas, no matter how diligent one tries to
be, once charcoal mixes with the white sand, it is inextricable. Money is being
spent to attempt to clean the beach and yet unfortunately, not by those who make
the mess By far, the most debris is caused by people having beach fires with all
the paraphemalia, food and utensils brought down and often thrown over the
embankment.
Month after month, the Carmel Forest and Beach Commission diligently
met
with the hope
of
finding a way to adopt a pilot program which would allow the tradition of fires on the beach, yet
not allow it to trash the beach.
If
the "pack it in, pack it out" mentality were actually employed,
it would be one thing, but
it s
not. I adamantly do not believe any city, large or small should be
forced to pick
u
after careless people. That unforttmately will be the result
if
the City
of
Carmel
is forced to allow wood buming fires in the sand. Congruently, the LESS "man-made things"
allowed on the beach, including temporary fire pits, the MORE natural beauty people can
s v o r • ~ During this summer, it was clear that many other people who would usually avoid the
beach due to the proliferation of wood fires, could now come and enjoy it. Please consider
THEM and acknowledge that thousands of dollars will need to be budgeted
if
tllis is allowed to
continue. Also police enforcement of even minimal regulations will not be cheap.
It s
grown
too big and therefore is NOT a FREE activity
1
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Exhibit 12: Correspondence
A-3-CML-15-0033 (Carmel Beach Fire Mngt Pilot Program
Page 43 of 103
Recently one morning, I heard a
m n
speaking a foreign language as he picked up a handful
of
sand and let it filter through his fingers in appreciation. I wish everyone on the Coastal
Commission would personally
do
the same and SEE it first hand. Please differentiate between
access and protection of this magnificent environment. We trust that keeping this beach
pristine is the real WIN-WIN for not only this community but for the WORLD who visits it.• '%
Thank you for your attention,
Sincerely,
Mary Liskin
Pictures speak louder words:
IMG_6036 Garbage is picked up y birds and other animals long before trash men can come
down
2
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Exhibit 12: Correspondence
A-3-CML-15-0033 (Carmel Beach Fire Mngt Pilot Program
Page 44 of 103
~ ~ - - · - ~ · - - ~ - · - - ~ ~ - ~
43S€Ji5 ;<.ll'l: q . ' ' ' Kii>l. i 'i(,\)
0/ C.-D;EJV 3
~ 1 1 ' . } { ~ ' W . l ;
/
9
' 7 A ~ t
' ~ < ' i t r 11 · 9: ? illl
. < . ; r ~ ; , t l l ' ' ~ ' ' ·
·9 .3 2 AM
f U g i \ t A • c j , , . ~ ~ : ' i 0 : 1 ' ( 1 AIIJ
218
IMG_6039
nd
far and leave behind things
eople come from near a
3
8/20/2019 CCC f12b-12-2015 City of Carmel Beach Fire Management Pilot Program
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Exhibit 12: Correspondence
A-3-CML-15-0033 (Carmel Beach Fire Mngt Pilot Program
Page 45 of 103
IMG_6042 fire wood doesn t bum completely nor does
it
just go away
4
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Exhibit 12: Correspondence
A-3-CML-15-0033 (Carmel Beach Fire Mngt Pilot Program
Page 46 of 103
IMG_6046 sand covering illegal fire well north
o
13th and too near the bluffs
8/20/2019 CCC f12b-12-2015 City of Carmel Beach Fire Management Pilot Program
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Exhibit 12: Correspondence
A-3-CML-15-0033 (Carmel Beach Fire Mngt Pilot Program
Page 47 of 103
8/20/2019 CCC f12b-12-2015 City of Carmel Beach Fire Management Pilot Program
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Exhibit 12: Correspondence
A-3-CML-15-0033 (Carmel Beach Fire Mngt Pilot Program
Page 48 of 103
IMG_6 49 Ironic
8/20/2019 CCC f12b-12-2015 City of Carmel Beach Fire Management Pilot Program
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Exhibit 12: Correspondence
A-3-CML-15-0033 (Carmel Beach Fire Mngt Pilot Program
Page 49 of 103
IMG_6 51
8/20/2019 CCC f12b-12-2015 City of Carmel Beach Fire Management Pilot Program
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Exhibit 12: Correspondence
A-3-CML-15-0033 (Carmel Beach Fire Mngt Pilot Program
Page 50 of 103
_
r i r ,- 11: • - _ ;
IMG_6726 Entangled n the kelp picked up after recent big storm just n one block 10/15
9
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Exhibit 12: Correspondence
A-3-CML-15-0033 (Carmel Beach Fire Mngt Pilot Program
Page 51 of 103
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Exhibit 12: Correspondence A-3-CML-15-0033 (Carmel Beach Fire Mngt Pilot Program
Page 52 of 103
October 15, 2015
De Charles Lester
Executive Director
D RRYL
KENYON
P.O.
Box 388
Pebble
Beach, California
83853
831)
320-3118
The California Coastal Commission
45 Fremont Street
San Francisco, CA 94105
Re: Carmel-by-the-Sea ban ofBeach Fires
Dear
De Lester;
E
OCT 2 2 15
CP\UFOH_i:.;lf\,
COASTP,.L
COM;\Fi\'<);:;_ Qhi
CENTRAL COAST
A\ \tf\
Most of
us here appreciate your Big Picture' support
of
a Coastal Management program
and your work to enforce the Commiss ion's juris diction within it s boundaries.
Our esteemed young mayor seems to assume that the
Council s
juris diction supersedes
your's, which is not
the
case. In tha t they have never developed a Coastal Management
plan-
or an effective program for anything else for that matter -- we are depending
on
' you to make the determinations as
to
the hazards of beach fire smoke- and all other
factors that play into
the
big picture.
Kids, families, friends-
have
gathered
on the
beach for bar-b-ques and bonftres for
generations now t is part
of
our culture,
it s what we do--
and paitofwhat makes this
community uniquely speciaL
On a slightly humorous note, due to his age and considerable inexperience -Mayor
Burnett fears for
the
health
of
his small
boy
due to beach fire smoke inhalation.
Beach fires have been a tradition here for over 100 years. We raised three kids here - all
went on to be educated at California's top public Universities and
now
enjoy successful
careers. I guess all that smoke didn t do too much damage.
I don t believe Mayor Burnett realizes that his little boy will very likely
be
inhaling
smoke of another nature during his college years, smoke tha t may have similar
-perhaps
temporary- negative effects; the effects of which may
be
less beneficial that the former_
~ ; ? ~ ~
Darryl
Keny<?n
·
'
;
darr¥1kenv<'>nS@gmail:com
8/20/2019 CCC f12b-12-2015 City of Carmel Beach Fire Management Pilot Program
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Exhibit 12: Correspondence A-3-CML-15-0033 (Carmel Beach Fire Mngt Pilot Program
Page 53 of 103
Watson Michaei@Coastal
From:
Sent
To:
Subject
Lee Price <lprice@ci.carmel.ca.us>
Monday July 27 2015 12:43 PM
Watson Michaei@Coastal
FW:
ongoing fires on Carmel City Beach
Mayor Jason urnett has asked me
to forward
to the Commission the following email he received from a resident
of
Carmel-by-the-Sea. Would you be kind enough to ensure
it
is delivered to the Commission? Thank you.
Lee
Price
MMC
Interim City Clerk
Carmel-by-the-Sea
lprice@ci.carmel.ca. us
(831) 620-2016
Jason K Burnett
831.238.0009
jason.burnett(a{gmail.com
Begin forwarded message:
From: Lindy Marrington <lindymarrington@sbcglobal.net>
Subject: re: ongoing fires on Carmel City
each
Date: July 24 2015 at 4:41:44 PM PDT
To: Jason@Burnettforcarmel.com
Dear Jason,
My name is Lindy m d live in Carmel proper. m aware that the coastal commission denied the
appeal regarding fires on Cannel beach. Am very concerned about what we are seeing as far as
the condition
of
the beach and the natural environment. Last weekend, born and raised Carmel
inhabitant, Michael Cate (of Cate Electric) m1d I went down after dmk to walk along Scenic.
We cmmted
45
fires and those were the ones we could see. The smoke in the sky was so thick it
was truly difficult to breathe. As we approached one
of
the staircases, we nearly tripped. We
used a cell phone as a flashlight and all over the ground directly in our path, were 8 (we counted
them ) glass bottles
of
various types of alcohol and a stack ofrecl party drinking plastic cups. It
appeared as
if
someone's paper bag had broken but they chose to leave them there and there was
a garbage can within arms length. Naturally, we cleaned it all
up
This morning when walking along Scenic, I was so dismayed
to
see how gray the sand has
become on our once pristine white beach. It
is
covered with chunks of charcoal and is no longer
that soft white color. It is such a contrast to the Carmel River Lagoon Beach which is still snowy
white, it is so obvious what is happening. Not only is the sand
no
longer white but there are
erosion pathways cut all up and down the beach on the hillside. People wanting to build their
fires are nmning up m d down the hill making their own trails and carrying all their heavy
stuff. This is unacceptable. Being in a drought, the plants are already taxed and now they are
1
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Exhibit 12: Correspondence
A-3-CML-15-0033 (Carmel Beach Fire Mngt Pilot Program
Page 54 of 103
dying off in swaths. If this were not all bad enough there was graffiti all over some natural
Carmel rock outcropping today written with black charcoal. We saw the same abuse at the beach
south of the Lagoon and their sand is also very gray.
I wish I would have had my cell phone so I could attach some photographs. There was an old
fire spot littered with plastic water bottles and cups it
s
absolutely tragic to see this
happening. In addition
to
all
ofthis
damage there are so many tourists and many
of
them smoke
and there are cigarette butts everywhere. Why are we allowing this to happen to our beautiful
little hamlet
of
Carmel by the Sea? Just for a few lousy bucks from tourists and so locals who
feel they have to have a fire
on
one
of
the most pristine beaches anywhere?
I find this activity
to
be inexcusable and the only answer is to put a moratorium on these
fires. Fire pits are not going to help with the erosion on the hillsides the toxic charcoal in the
ocean and in the air or the trash and graffiti and who in the heck is going to empty out these fire
pits? Fire pits are not natural to the ocean and they will look unattractive. This
s
going to only
attract more and more large groups
of
people coming from all over and having huge parties
on
our finite beach.
Those
of
us who live here full time pay huge property taxes to be here and this is not fair or
acceptable something has got to change. This issue
of
fires
on
the beach needs to be put to a
vote it should not be left up to a handful
of
folks who seem to only care about bringing in dollars
to
Carmel and encouraging the tourist trade which is already out
of
control.
What about our serious water situation? Locals are told to constantly cut back on usage and
minimize watering gardens and our city trees are dying by the droves. Much of our water is
going to restaurants and hotels which cater to out
of
town tourists and this is not right. Someone
should call me back.
Lindy Marrington
4 SW
of irst
on Torres
831.238.8234
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Exhibit 12: Correspondence A-3-CML-15-0033 (Carmel Beach Fire Mngt Pilot Program
Page 55 of 103
Watson Michaei@Coastal
From:
Sent
To:
Subject
Lindy Marrington <lindymarrington@sbcglobal.net>
Wednesday November 04 2015 5:38 PM
jason.burnett@gmail.com; kktalm@aol.com; vebeach@gmail.com;
carrie@hofsashouse.com; sgdallas@yahoo.com; mcalhoun@ci.carmel.ca.us;
rmullane@ci.carmel.ca.us; Watson Michaei@Coastal; Lester Charles@Coastal; kathleen
bang; Gary Bang; Carla and Jeff White; candace cate; Barbara Livingston; Kathy
McMurdo; Randell Bishop; Skip Lloyd; Kimberly Rawlings; sditzler; Glenn Nash; Mary
Liskin; Cheryl Kendall; Scott Smith; Tom Parks; Judy Kreger; Lindy Marrington
re:
Thank you or standing firm
To those of you who held your grom1d regarding doing away with fires on Carmel Beach, we express from the bottom of our hearts,
"thank you" To those
of
you who are short sighted and not thinking about this logically, we say to you, it is not about what anyone
wants, this is a moot point.
It is and should be all about what is best for the beach. What is best for the white sand that took aeons to
be
created and is being
destroyed in a mere decade? What is best for the fresh ocean air? What is best for the little sea creatures that live in the sand and
along the shoreline? What
is
best for the ocean/bay and the sea animals that inhabit it? What is best for the people who would like to
enjoy the beach but have respiratory health issues?
We
are so put
off
by the individuals who do not appear to even ponder these questions nor their long term consequences. The
politicians who continue to promote fires will be long gone in a few short years and nobody will even remember who you are; yet we
will be left with a blackened and dirty beach (like Monastery Beach today) and an ongoing expensive and environmental mess which
is anybody's guess
if
it will ever be able to be put back to it's original pristine nature?
Mother Earth is very resilient and She can recycle a certain amom1t of toxins but it is a different paradigm now. There are so many
humans coming to the Monterey Peninsula and to Carmel from all over the globe. Who are we kidding; it is
NOT
about access That
is just a distorted distraction. From an environmental standpoint beach fires are no longer within the best interest of Carmel beach.
It is time to step into the "We Consciousness" and out of the
1,
me, mine" attitude. We grew up
back
packing and camping on the
Carmel river and we too enjoyed congregating around a fue but no longer at the expense of harming the environment and certainly no
at the expense
oftuming
a rare white beach into a filthy
mess
We strongly support the Nuisance Ordinance. Again, to those of you who deeply and genuinely care about the beach, we say to you,
"It takes as long as it takes and keep on keeping on .. "
Peace and Blessings,
Lindy Marrington and Michael Cate
photo by C. Sanders
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Exhibit 12: Correspondence A-3-CML-15-0033 (Carmel Beach Fire Mngt Pilot Program
Page 56 of 103
8/20/2019 CCC f12b-12-2015 City of Carmel Beach Fire Management Pilot Program
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Exhibit 12: Correspondence
A-3-CML-15-0033 (Carmel Beach Fire Mngt Pilot Program
Page 57 of 103
Watson, Michaei@Coastal
From:
Watson, Michaei@Coastal
Sent
To
Friday October
02
2015
9:50
AM
Lester
Charles@Coastal
Cc
Subject
Craig, Susan@Coastal; Carl Dan@Coastal
RE
Carmel
Beach Fires
I
didn t
keep a record
of
my conversation with Dr Hoffman but do recall speaking with him on
an
afternoon in August
subsequent to the City s action on the moratorium.
He
expressed his concerns about the issue of
PM
and the health
effects
it
was having on persons close to him. I explained that we had been working
with
the City
to
develop a program
that
would address many
of
the
issues
raised with unmanaged beach fires directly on the sand including smoke
emissions from large numbers of fires during weekends and holiday but also the effects on the quality
ofthe
white sand
public safety
issues
and potential
water
quality issues. I indicated that we
had
received
the
raw data from the City
regarding the PM counts and that but for a few isolated instances,
that
air qual ity was generally in the good category.
There did not appear to
be
any widespread exceedance of EPA air quality standards -only a two hour period on the July
4th
holiday.
In
response to
his
claim
that
it
is the
folks from out
of
town coming
to
Carmel and creating all
the
problems,
informed him that both the
C.A.
andLCP protect the public s right to
use
of the beach including for beach fires,
that
I
had experienced it myself, but that I had not personally observed experienced the impacts associated with the
numbers
of
fires that apparently are occurring during peak
use
periods. I also observed
that the
beach
use
issues have
been raised over the years by the Scenic Road Residents Association and
that it
was
an
issue during the Commission s
action on the LCP. We talked a bit more about next steps in the process including the need for further coordination with
the City and Air District staff and ended the conversation with a suggestion that he provide
written
comment for
inclusion into the record. I gave him my direct line and told him to feel free to call.
From:
Lester, Charles@Coastal
Sent Friday, October 02 2015 8:36AM
To:
Watson, Michaei@Coastal
Cc Craig, Susan@Coastal;
Carl
Dan@Coastal
Subject
FW:
Carmel Beach Fires
Mike, FYI I would like to hear your recollection of this phone call before I respond to this email. Thanks.
Charles Lester
Executive Director
California Coastal Commission
45 Fremont Street, Suite
2
San Francisco, CA 94105
{415
904 5202
www.coastal.ca.gov
C A L = i \ = ' - Q . t : r i " ~ \ :
C O S T L
Every Californian should conserve water. Find
out
how at:
Save ur
water
8/20/2019 CCC f12b-12-2015 City of Carmel Beach Fire Management Pilot Program
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Exhibit 12: Correspondence A-3-CML-15-0033 (Carmel Beach Fire Mngt Pilot Program
Page 58 of 103
SaveOurWater.com · Drought.CA.gov
From Carl
Hoffman [mailto:carl.g.hoffman@gmail.com]
Sent Thursday October 01 2015 7:58
PM
To Lester Charles@Coastal; Schwartz Eben@Coastal; Jason Burnett; dschmitz@ci.carmel.ca.us; kathleen bang
Subject
Carmel
each
Fires
Dear Dr. Lester,
I am a physician/homeowner in Carmel CA. I believe it is important to share with you a conversation I had
with Mr. Mike Watson
of
the Santa Cruz Coastal Commission following the July 4th weekend. I called to
express my concerns regarding PM emissions created by the Carmel beach fires. The Monterey Unified Air
Pollution Control District has been monitoring
P
levels using a highly sensitive/sophisticated BAM
instrument located at my residence 1 block west
of
Carmel beach on San Antonio Street The data has been
collected continuously since the last week
of
May and is available by contacting Mr. Richard Stedman. During
the July 4th holiday weekend PM levels significantly exceeded the EPA hazard standards during an 8 hour
period. Southcoast Air Quality District has published calculated PM beach fire emissions from an average
beach fire to equal emissions generated per minute by an idling diesel big-rig truck. On July 4th there were 139
beach fires burning which would equal emissions generated by 417 idling trucks.
After expressing my concerns over the high levels
of
emissions, I listened to Mr. Watson response with shock
and chagrin. I quote I grew up enjoying beach fires on the Carmel beach and don't buy into smoke being a
problem. The rich homeowners on Scenic Road are trying to prevent the people from having fun. I felt this
was
in
appropriate and unprofessional response from a coastal commission official. I'm very upset
by
Mr.
Watson's pre-determined conclusions prior to reviewing the Monterey APCD data.
To further personalize my concerns, I have a patient and good friend Mr. Kent Crudup who has recently
undergone a lung transplant. We planned on he and his wife to be frequent house guests
in
the location
of
the
collected data. Unfortunately, the particulate matter exposure will restrict his enjoyment and use of the Carmel
beach. I also want to include others with respiratory problems such as asthma/ COPD syndrome, severe
allergies etc. including my wife, who cannot enjoy the beach when fires are burning.
In addition to polluting the air, there's quite a bi t of toxic debris entering the water from the beach fires, which i
documented on the video at sustainable Carmel website and Utube. The coastal commission has an opportunity
to step forward and clean the air, beach and ocean by banning the beach fires or considering a propane
alternative. Would it be possible to involve Eben Schwartz in this process? Eben can be trust to
mal< e
the right
decision to protect public heath as well as the environment.
Sincerely,
Carl Hoffman, M.D.
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Exhibit 12: Correspondence
A-3-CML-15-0033 (Carmel Beach Fire Mngt Pilot Program
Page 59 of 103
Watson Michaei@Coastal
From:
Sent
To:
Cc
Subject
kathleen bang <kathybang@me.com>
Sunday, May
04
2014 11:45 AM
Watson, Michaei@Coastal
Barbara Livingston
Carmel
Beach
Hi
Mike. y name is Kathy
Bang
and I have been given your email by Barbara Livingston. Thank you
for
the work you
do to preserve our coastline
I wanted to share
with
you this 6 minute slide show which I prepared to show some ofthe issues related
to
our beach.
You will
see
I hope, that I love the beach, and I go there very day. That
is
why there are the early slides included.
Additionally, I
am
attaching a link to my web site, in development, but you
can see it
is all about the beach.
I am very concerned about what is happening to our beach, especially
as
we are among the last ones standing where
there
are no limits on the numbers and
sizes of
fires. I would
be
happy to talk
to
you at any time.
Thanks,
Kathy
https://dl.dropboxusercontent.com/u/28419136/A%20Call%20to%20Action%202 14-HD%20%281080p%29.m4v
https //kathy-ba ng.sq ua respace .com
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Exhibit 12: Correspondence
A-3-CML-15-0033 (Carmel Beach Fire Mngt Pilot Program
Page 60 of 103
Watson Michaei@Coastal
From:
Sent
To:
Subject
Margaret Eaton
<
maggie@ronandmaggie.com>
Sunday May
04
2014 12:41 PM
Watson Michaei@Coastal
Carmel
Beach Trash and Fire mess
Hi Mike Karen Ferlito
ofthe
Carmel Forest and Beach Commission suggested that I contact you. I am a member of
Sustainable Carmel and
for
the past year or
so
I have been taking photographs
ofthe
mess
that
Carmel Beach
has
become because
of
all the trash left there and
the
increasing numbers
offires.
I have been sending these photos
to
the
Forest and Beach Commission to include in the record to support the recommendations that the Commission
is
making
to the
Cityto remedy these problems. I
will
send you a sample
of
one
of
my reports and you
can
tell me if you are
interested in seeing any more of them.
Thanks
Maggie Eaton
Sustainable Carmel
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Exhibit 12: Correspondence A-3-CML-15-0033 (Carmel Beach Fire Mngt Pilot Program
Page 61 of 103
Watson, Michaei@Coastal
From:
Sent
To:
Subject
Margaret Eaton <maggie@ronandmaggie.com>
Sunday, May
04,
2014 12:48 PM
Watson, Michaei@Coastal
Fwd: Margaret Eaton shared Beach Fire and Trash photos 3-9-14 with you
Mike here is one of my beach fire and trash reports
Maggie Eaton
Begin forwarded message:
From: Margaret Eaton <maggie@ronandmaggie.com>
Subject: Fwd: Margaret Eaton shared Beach Fire and Trash photos 3-9-14 with you
Date: April27, 2014 at 5:43:11
PM
PDT
From Margaret:
Dear Forest
and Beach
Commissioners and Staff:
Please
add this
email and photos to the record regarding beach fires. On the evening
o
3/8/14, I walked from the south end
o
the Carmel
Beach
to
the
lOth St steps handing out the beach rules and trash
bags.
I thanked
people for using their bags to take away all o their trash. I believe I
visited every fire site 45 all told) and specifically mentioned that fires
should
be
doused with water (not sand) and no trash should be
burned.
Early
in the walk, I encountered two men going up and down
the slope and throwing wood down next to the bluff. I asked them to
use
the stairs and move the fire site
25
feet from the bluff. When I got
to
the lOth
St.
steps, I met Security Officer Mike who
was
starting
to
do the same thing as I--hand out the beach rules and educate people
about them. He had already located 3 fires north o lOth. We had a
friendly chat about what I
had
been doing, exchanged beach
rules,
and I then left. The next morning, I walked again from the south end
o
the beach
to
the lOth St steps and
took
the attached photos. They
show that, despite the fact that people at every fire site were
approached twice that night and educated about the beach rules, a
1
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Page 62 of 103
significant number of people ignored them. They show fires too close
to
the bluff and even on the rocks/ fires buried in sand and kelp (some
still smoldering)/ burned trash/ lots of trash (some of it dangerous like
the sharp skewers and foil wrapped food)
gulls
that
had been
pecking open a bag
of
marshmallows/ some personal wipes left at a
small cove that looked like
it
had
been used
as
a latrine/ and graffiti. I
did not photograph every fire site but some photos show that/ even
when properly doused/ the sites are a mess of charcoal and partially
burnt wood. Some photos
are
duplicates to show detail and I did
not
photograph every cigarette butt--only if it was lying next
to
a piece of
trash. The photos of the people in bare feet and their shoes
left
on
the rocks is a reminder of how many people assume that walking
barefoot on the beach is a safe thing
to
do.
This is the 3rd set of beach trash photographs that I have submitted
for
the record about the part
of
the Shoreline Management Plan
concerning beach trash and fires. My submission from April 2012
shows that/ even on a slow weekend/
too
much trash is left. y
submission from Memorial
Day
2013 shows that signs placed at the
bottom of the steps do not sufficiently encourage people
to
observe
the beach and litter rules. This submission today shows the same
re?ult even after beach users were approached twice to educate them
about how
to
manage their fires and remove trash.
From these experiences and from the information that I submitted
about beach fire smoke/ I conclude that more is needed
to
keep the
beach free
of
trash and
to
prevent the harmful effects
of
the beach
fires.
Thank you/
Maggie Eaton
Sustainable Carmel"
Click here to view each Fire and Trash photos 3-9-14
(Margaret shared these files using Dropbox. Enjoy )
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A-3-CML-15-0033 (Carmel Beach Fire Mngt Pilot Program
Page 63 of 103
Watson Michaei@Coastal
From:
Sent
To:
Subject
Hello Michael.
mike
cate
<mcate@sbcglobal.net>
Monday, July 27,
2015
11:27 PM
Watson, Michaei@Coastal
Carmel
Beach
My name
is
Michael Cate and I
am
a life long inhabitant of Carmel California. Over the last few years, as you know, ther
has been growing debate on wether there should be fires allowed on the beach a one time beautiful white
sand
beach
fire pits installed, permits issued or any numerous combinations
of
these options. The presence of fires along the beach
now nearly every night during the summer, have drastically changed the look, smell and beauty of Carmel beach.
I
am
an electrician in
town for
a family business
that
my father started in 1962,
Cate
Electric, and
just
the other day one
of our customers who lives along Scenic just north of the 11th Street alley mentioned that in the last
few
years the
amount of smoke (more toxic lately due to the use of Duro logs, people burning thei r trash and just the amount of fires
on the beach) has made it impossible
for
her
to
open the windows in her house.
She said she can
tell when beach goers
are burning their trash because the smell of plastic
is
overwhelming.
So, as
you probably already know, something
has
to
be
done.
Two weekends ago I stood at the top of the southern most stairs leading down to Carmel Beach, just north of the
beautiful Frank Lloyd Wright house, in the middle of a pile of beer, vodka, rum and soft drink
cans
and bottles someone
had dropped and left, and counted
no
less than 45 open fires along the beach.
The
smoke coming up onto the Scenic as
my girlfriend and I drove along the beach was choking
us,
as has been a common occurrence over the last five years. I
had noticed the change as the number of beach goers has increased over the years, however just recently more
incidences of smoke at night
and
charcoal and trash left on the sand the next day has really grabbed my attent ion.
I think that the allowing fires only with permits, lets just
say for
discussion, 20 per night on the weekends and none for
the weeknights, would
be
a good starting point. Many people I've spoken with feel
that
we should have a pilot program
and prohibi t fires
for
a years and
see
if the white
sands
can ever be returned. It's no good thinking that the already
overtaxed ocean
can
continue to swallow up the toxic aftermaths
ofthese
traditions . I also believe fire pits will
become garbage cans.
Maybe insist the City of Carmel create a program (not that governments of any
size
need more programs . ) that has a
two person beach crew every morning, on the beach, with an all terrain vehicle and tools to clean the charcoal and
garbage
left by
the fires and people from the previous night.
The number of people coming to this little town is going to kill it. The roads are clogged, the beaches (including Carmel
Meadows Beach) are being heavily marred with fore rings, our
water
and sewage systems are be heavily taxed, the sea
is
being poisoned and the air is
be
polluted. So much
for
increased tourism. The dollars accrued are going
up
while our
natural resources are being abused and destroyed I don t think destroyed
is
to strong of a word).
Thank you for your time,
and
let me know how I
can
support the restoration
of
our once beauti ful beach
and
ocean.
Sincerely
Michael L Cate
Carmel CA
831.594.5177
8/20/2019 CCC f12b-12-2015 City of Carmel Beach Fire Management Pilot Program
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Exhibit 12: Correspondence
A-3-CML-15-0033 (Carmel Beach Fire Mngt Pilot Program
Page 64 of 103
Watson Michaei@Coastal
From:
Sent
To
Subject
Lindy Marrington <lindymarrington@sbcglobal.net>
Thursday September
03
2015 8: PM
kathleen bang; jason.burnett@gmail.com; carrie@hofsashouse.com; kktalm@aol.com;
vebeach@gmail.com; sgdallas@yahoo.com; rmullane@ci.carmel.ca.us;
dschmitz@ci.carmel.ca.us; mcalhoun@ci.carmel.ca.us; Watson Michaei@Coastal
Re:
Update and
Call
to
Action
Thank you Kathy for the detailed email on how to move forward to protect and preserve Carmel beach for all
beachgoers, locals and visitors alike. .
Have blind cc'd To All,
Our vote is to
go
for option #3: sk
city council
t
pass an ordinance now
t
extend the fire prohibition
t 7
days and make it a permanent ordinance not an urgency ordinance.
.
.
believe that this ordinance would have
t
be drafted at the request
of
city council then heard at Planning Commission
and
Forest
and
Beach where it
would
get
more public hearings and then go
t
city council
for
final approval.
Whatever action is taken is going to take time. All the while, the beach and surrounding environment continue
to be desecrated. Carmel beach is now a global destination. People come here from all over the world to
experience this white sand beach. As stewards
o
this sacred spot we feel that option
3
is the only responsible
recourse.
Thankfully, in 1975, these California coastal waters were designated a marine sanctuary. Our beach is an
extension o that sanctuary and deserves to be treated as such. This coastline that we are so privileged to live o
has one o the cleanest oceans left on the planet due in part to the marine sanctuary that was
put in
place 40
years ago. Tragically, in many other parts
o
the world the oceans are collapsing.
In the short video below, much o the abuse that has happened to this once clean beach began "surfacing" just
since the 1990's. Humans crumot see what is going on beneath the ocean.
It is way too easy to take an "out o sight, out o mind" approach. We are fooling ourselves i we believe it is
acceptable to let the ocean absorb the charcoal and the garbage that is being generated due to the activity o
beach fires. Oceans are connected and do not honor boundaries on a map. We believe we need to
think
globally and care about all oceans and beaches and lead by example.
On
cleru·
ru1d sunny days
Cru1nel
Bay is a turquoise jewel. It looks that way because the waters are clean
ru1d
the sand is white We have a huge opportunity here to demonstrate literally around the world what good beach
stewardship looks like. Hopefully, some o our global visitors, will tal(e home with them a lasting impression
o one o the most pristine beaches on the planet and begin to appreciate more and tal(e better care
o
their
beaches back home.
The
ru1cient
Africru1 proverb, "it takes a village" could not be more fitting or timely.
Lindy Marrington
ru1d
Mike Cate
1
8/20/2019 CCC f12b-12-2015 City of Carmel Beach Fire Management Pilot Program
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Exhibit 12: Correspondence
A-3-CML-15-0033 (Carmel Beach Fire Mngt Pilot Program
Page 65 of 103
Our hearts go out to our fellow humans in this video can only imagine that they too are disheruiened at what is
happening to their once coveted beach
https:/ www.youtube.com/watch?v=4MJCZvLKJPA
2
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Exhibit 12: Correspondence
A-3-CML-15-0033 (Carmel Beach Fire Mngt Pilot Program
Page 66 of 103
Watson Michaei@Coastal
From:
Sent
To
Subject
Michael
Rich Wenzlik <sunshinefreestyle@sbcglobal.net>
Thursday, October 01
2015 3:59 PM
Watson, Michaei@Coastal
Re:
Carmel
Beach
fire ban
The way I look at
it
is
...
Everyone wants to point fingers and not see the bigger picture here. To place
a permanent ban on fires is short sighted.
We have not had major movement of sand from the beach
in
years. When was the last time the
beach got a good rinsing
Right now I agree with the ban or some sort of limit, because the beach it is a charcoal mess. But, the
next time we have a good storm and the sand is scrubbed off the beach and the water laps at the
11th street stair case. When the rocks are all exposed , that next summer, when the sand comes
back to the beach it will be the pristine white we are all familiar with. That used to happen much more
often, and now with years since the last one, I feel controlling the number of fires on the beach is a
good idea. Maybe allowing us
locals
to have some sort of a pass would solve many of the
in
favor
issues.
I don't believe it's a local problem but a transient tourist issue as well.
The transient tourist population basically has to have a bonfire on the beach; Sort o a rite o passage
as they pass through town.
Now how to control that , I don't know.
But to fall prey to a few wealthy home owners who complain about the smoke and feel they have
more say than 2nd or 3rd generation locals seems a bit short sighted.
I am proud and blessed to have been born and raised with my feet in the sand in front of many a
bonfire on Carmel Beach. To take that memory away from my family and all my friends with children
o
their own would
be
a travesty.
Touchy issue, needs
kid
gloves and calm heads so as to reach a happy outcome.
Thanks for letting jump on my soap box
Rich Wenzlik
Owner
Sunshine Freestyle
On Thursday, October 1 2015 1:24 PM, Watson, Michaei@Coasta l <Michaei.Watson@coastal.ca.qov> wrote:
Hey Rich, thanks for the heads up on the surf conditions the other day, got some fun one down at the
jetty. I'm contacting you to get your opinion (Robert's too)
on
the City o Carmel's beach fire ban. As
you may know, the City has implemented a ban
on
weekend beach fires and intends to eliminate
them altogether. Thus far I've heard primarily from residents in-favor or against, but I want to reach
out to a broader segment of the public for their opinions. In particular I want to reach the surfers who
use the beach and typically are underrepresented. So I immediately thought of you guys at Sunshine
Freestyle and will also contact Kelly at OTB. Let me know if you have any questions or want more
information on this.
Mike
1
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Exhibit 12: Correspondence
A-3-CML-15-0033 (Carmel Beach Fire Mngt Pilot Program
Page 67 of 103
PS
e
are likely to be bringing this item to the Commission at its December hearing in Monterey. So
let folks know that now is the time to weigh in Feel free to forward my contact info.
Mike Watson
Coastal Planner
California Coastal Commission
Central Coast District Office
725 Front Street Suite 300
Santa Cruz CA 95060
Direct: 831 427-4898
Office:
831
427-4863
Michael.watson@coastal.ca.gov
Every Californian should conserve water. Find out
how
at:
Save ur
w ter
SaveOurWater.com · Drought.CA.gov
8/20/2019 CCC f12b-12-2015 City of Carmel Beach Fire Management Pilot Program
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Exhibit 12: Correspondence
A-3-CML-15-0033 (Carmel Beach Fire Mngt Pilot Program
Page 68 of 103
Watson
Michaei@Coastal
From:
Sent:
To:
Cc:
Subject:
Lester Charles@Coastal
Friday, October 02 2015 8:36 AM
Watson, Michaei@Coastal
Craig, Susan@Coastal;
Carl
Dan@Coastal
FW:
Carmel Beach Fires
Mike,
FYI
I would like
to
hear your recollection of this phone call before I respond
to
this emaiL Thanks.
Charles lester
Executive
Director
California Coastal Commission
45
Fremont
Street, Suite 2000
San
Francisco,
CA
94105
415) 904-5202
COASTAL
Every Californian should conserve water. Find
out how
at:
Save Our
water
SaveOurWater.com · Drought.CA.gov
From:
Carl Hoffman [mailto:carl.g.hoffman@gmail.com]
Sent:
Thursday, October 01, 2015 7:58
PM
To
Lester, Charles@Coastal; Schwartz, Eben@Coastal; Jason Burnett; dschmitz@ci.carmel.ca.us; kathleen bang
Subject
Carmel
Beach
Fires
Dear Dr. Lester,
I am a physician/homeowner
in
Carmel CA. I believe it is important to share with you a conversation I had
with Mr. Mike Watson
of
the Santa Cruz Coastal Commission following the July 4th weekend. I called to
express my concems regarding PM emissions created by the Carmel beach fires. The Monterey Unified Air
Pollution Control District has been monitoring PM levels using a highly sensitive/sophisticated
BAM
instrument located at my residence 1 block west
of
Carmel beach on San Antonio Street The data has been
collected continuously since the last week
of
May and is available by contacting
Mr.
Richard Stedman. During
the July 4th holiday weekend PM levels significantly exceeded
tl1e
EPA hazard standards during an 8 hour
period. Southcoast Air Quality District has published calculated PM beach fire emissions from an average
beach fire to equal emissions generated per minute by an idling diesel big-rig truck. On July 4th there were 139
beach fires burning which would equal emissions generated by
41
7 idling trucks.
After expressing my concems over the high levels of emissions, I listened to
Mr.
Watson response with shock
and chagrin. I quote
I
grew up enjoying beach fires on the Cannel beach and don't buy into smoke being a
problem. The rich homeowners on Scenic Road are trying to prevent the people from having fun. I felt this
1
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Exhibit 12: Correspondence
A-3-CML-15-0033 (Carmel Beach Fire Mngt Pilot Program
Page 69 of 103
was in appropriate and unprofessional response from a coastal cmmnission official. I m very upset by Mr.
Watson s pre-dete1mined conclusions prior to reviewing the Monterey APCD data.
To further personalize my concerns, I have a patient and good friend Mr. Kent Crudup who has recently
undergone a lung transplant. We planned on he and his wife to e frequent house guests in the location of the
collected data. Unfortunately, the particulate matter exposure will restrict his enjoyment and use
of
the Cannel
beach. I also want to include others with respiratory problems such as asthma/ COPD syndrome, severe
allergies etc. including my wife, who cannot enjoy the beach when fires are burning.
In addition to polluting the air, there s quite a bit of toxic debris entering the water from the beach fires, which i
documented on the video at sustainable Cannel website and Utube. The coastal commission has an opportunity
to step forward and clean the air, beach and ocean by banning the beach fires or considering a propane
alternative. Would it be possible to involve Eben Schwartz in this process? Eben can be trust to make the right
decision to protect public heath as well as the environment.
Sincerely,
Carl Hoffman, M.D.
2
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Exhibit 12: Correspondence A-3-CML-15-0033 (Carmel Beach Fire Mngt Pilot Program
Page 70 of 103
Watson Michaei@Coastal
From:
Sent
To:
Cc
Subject
Paterson <SebViz2@sbcglobal.net>
Sunday
October
25 2015 6: 6AM
Rstedman@mbuapcd.org
awright@ci.carmel.ca.us; Watson Michaei@Coastal; Carl Dan@Coastal; SebViz2
@sbcglobal.net
MONTEREY
B Y
UNIFIED AIR POLLUTION CONTROL DISTRICT DATA PM2.5 Carmel
Beach
Richard Stedman Air Pollution Control Officer:
As a resident
of
the City
of
Carmel-by-the-Sea, I have been following the City Council's controversial
interpretation
ofthe
MONTEREY BAY UNIFIED AIR POLLUTION CONTROL DISTRICT DATA, PM2.5,
Carmel Beach. As such, I would like to know why you did not present the data to the public m a more
understandable and meaningful way according to the following table?
MODERATE
5
- 100 40.5- 80.4
12.1-35.4
Additionally, I understand the City is following your advice communicated in your October 5, 2015
correspondence to Mayor Jason Burnett. To wit, I think the way to go for both the Air District and the City is
to rely on our Rule 402, which is adopted from CA Health and Safety Code Section 41700. This speaks to
nuisance conditions. I firmly believe we have more than enough to prohibit or limit wood buming on the beach
due to nuisance conditions. The City Council has noticed that the City Council will consider the introduction
and first reading of An Ordinance of the City Council of the City
of
Cannel-by-the-Sea declaring beach fires a
public nuisance at the November 3, 2015 City Council meeting. What is your reasoning to circumvent the air
quality data results in favor of Rule 402 for Cannel Beach fires?
Thank you for your responses. Ms. Paterson
1
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Exhibit 12: Correspondence A-3-CML-15-0033 (Carmel Beach Fire Mngt Pilot Program
Page 71 of 103
Watson Michaei@Coastal
From:
Sent
To
Subject
Mike,
John Kenny <johnk@mbay.net>
Wednesday November 04 2015 7:56 AM
Watson Michael@Coastal
City o Carmel Meeting Nov
3
2015
I attended last evenings Carmel City Halls meeting and stayed 4
112
hours for the discussion and vote to ban Al
wood burning fires on Carmel Beach, while in the public comment
11
citizens spoke
to
continue wood burning
fires and work with the CCC 5 spoke to ban all wood burning fires 7 days a week permanently.
Councilman Ken Talmage and Mayor Burnett both told the audience that we the City have a tnunp card and
that is why they used the ban under a 'Public Nuisance' so that it was a health and safety issue and CCC had no
authority and we can ignore their letter and suggestions. Clearly this is the angle they are using to negotiate with
CCC staff and a strategy to play games and get what they want in December.
I find Ken Talmage and Mayor Burnett's approach very Arrogant to push their agenda.
Both Councilmen Steve Dallas and Councilwoman Carrie Telles voted to work with CCC and have some scaled
down version o Wood Burning fires on the beach Dallas voted for up to 1 fires on the beach and lost that vote
3-2 with Burnett, Talmage and Virginia opposed to any wood burning fires.
Please do not let the City use this Public Nuisance ordinance to ignore the suggestions and authority o the
CCC.
Sincerely,
John Kenny
A 46 year resident
o
Carmel by the Sea and Carmel High School Graduate.
John P. Kenny
Broker Associate 00765273
Mid Coast Investments
831-601-1679
J ohnk(a)mbay.net
[ ]
1
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Exhibit 12: Correspondence
A-3-CML-15-0033 (Carmel Beach Fire Mngt Pilot Program
Page 72 of 103
Watson Michaei@Coastal
From:
Sent
To:
Subject
Attachments
Michael
John Kenny <johnk@mbay.net>
Wednesday November 04 2015 8: 8AM
Watson Michael@Coastal
Carmel City Agenda letter on the Baning of
Fires
on Carmel Beach.doc
Carmel City Agenda letter on the Baning of Fires on Carmel Beach.doc; ATTOOOOl.htm
I read this letter to the City Council last evening on the ban of all wood burning fires on annel Beach.
John
1
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Exhibit 12: Correspondence A-3-CML-15-0033 (Carmel Beach Fire Mngt Pilot Program
Page 73 of 103
November 3, 2015 Carmel City Agenda item Carmel Beach Fire Ban.
Good afternoon Mr. Mayor and members
of
the City Council,
My
name
is
John Kerilly and I am a 46 year resident
of
Carmel
by
the Sea
and Carmel.
I graduated Carmel High School in 1972 and grew up on San Antonio
between 2th and 3th when at the time my family owned The Colonial
Terrace Inn.
I have spent over the past 46 years surfing the waters off Carmel Beach,
walking my dog or dogs almost daily on the beach and yes gathering with
Family, Friends and Community members and multi generations
of
local
families around a fire on Camel Beach ..
But in the end it is
just
that
...
Tradition. Sentiment and found memories.
Just like the City
of
Carmel allowing fires on the beach for the past 99 years
of our history ... it does not really make it right or wrong or even defendable.
So I will stick to the facts, The California Coastal Commission has told you
that you can not enact a total ban
of
All Wood and Charcoal burning fires on
Cannel Beach, The Chamber
of
Commerce is also opposed to such a ban.
I suspect you used the heading
of
a Public Nuisance so that you only needed
three votes to pass the ordinance or you may actually have another agenda?
Under the argument of Wood and Charcoal burning fires as a Public
Nuisance on the beach it only seems that the obvious next step is
that you
also ban any and All Wood and Charcoal burning fires within City Limits,
such as in our homes, BBQ s and fire pits and in all
of
our local businesses
Where does this all end? Are we going to ban Dogs on
Can el
Beach as
their mess
is
a Public Nuisance?
In closing I ask the Mayor or a Council Member to read into the record the
latest Correspondence the City has received from the California Coastal
Commission.
Sincerely,
John P. Kenny
8/20/2019 CCC f12b-12-2015 City of Carmel Beach Fire Management Pilot Program
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Exhibit 12: Correspondence
A-3-CML-15-0033 (Carmel Beach Fire Mngt Pilot Program
Page 74 of 103
Watson, Michaei@Coastal
From:
Sent:
To:
Cc
Subject:
Mr
Hoffman,
Lester
Charles@Coastal
Wednesday, November
04
2015 8:27 AM
Carl
Hoffman
Watson, Michaei@Coastal; Carl Dan@Coastal; Craig, Susan@Coastal
RE:
Carmel Beach fires
I am not sure what policy you are speaking about. The issue of beach fires in Carmel
is
addressed in
the
City s certified
LCP.
Mr. Watson, copied above,
can
assist you
further
with your concern.
Thank you.
Charles Lester
Executive Director
California Coastal Commission
45 Fremont Street, Suite 2000
San Francisco, CA 94105
(415} 904-5202
www coastal ca gov
C O S T L
Every Californian should conserve water. Find
out
how at:
Save
Our
water
SaveOurWater.com · Drought.CA.gov
From:
Carl Hoffman [mailto:carl.g.hoffman@gmail.com]
Sent:
Wednesday, November
04
2015 8:14AM
To:
Lester, Charles@Coastal
Subject:
Carmel Beach fires
Dr Lester:
The main issue has been lost in the back and forth regarding beach fire impact on air, water, beach pollution an
restriction
o
public recreation. The City
o
Carmel is trying to align with the Coastal Commission s policies fo
state beaches. How does the Coastal Conunission take issue with the same ban in effect at state beaches? There
is something wrong with this picture.
Sincerely
Carl Hoffman, M.D.
1
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Exhibit 12: Correspondence
A-3-CML-15-0033 (Carmel Beach Fire Mngt Pilot Program
Page 75 of 103
Watson Michaei@Coastal
From:
Craig, Susan@Coastal
Sent
To:
Wednesday, November
04
2015
9:19
AM
Watson, Michaei@Coastal
Subject
FW:
bon
Attachments
bonfire Nov. 3.docx; ATTOOOOl.htm
I responded
to
him and told him we d include his
letter
in the
st ff
report.
He
raises some very good points.
From:
Bobby [mailto: bobbyrichards6@gmail.com]
Sent:
Tuesday, November 03, 2015 8:09
PM
To:
Craig, Susan@Coastal
Subject:
Fwd: bon
I thought you may like to see
my
letter. I read this at tonight s meeting
in
Carmel.
Some ofus our trying hard to get this pilot program off the ground.
Thanks for your willingness to work with us.
Bobby Richards
Sent from my iPhone
Begin forwarded message:
From Bobby Richards <bobbyrichards6@gmail .com>
Date November 3 2015 at 3:48:46 P
PST
To: Bobby Richards <bobbyrichards6@gmail.com>
Subject bon
Bobby Richards
P.O.Box 5402
Carmel California 93 921
USA
831-624-7372
1
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Exhibit 12: Correspondence A-3-CML-15-0033 (Carmel Beach Fire Mngt Pilot Program
Page 76 of 103
I
am
speaking today as a 93921 resident. I
am
a member of the
Carmel Chamber of Commerce, Yes
for
Carmel and CRA I am a
business owner and a commissioner on the Community Activity
and Cultural commission. There
is
no place I would
rather
live,
work and give back to than this village.
ith
our
'urgent' ban that cost the city well over the $30,000
originally budgeted. We have invited some real problems with
our
State. Now, by possibly establishing beach fires
as
a Public
Nuisances It is clear we are backing ourselves into a corner
with the California Coastal Commission.
We have a pilot program, we spent hours and hours working on
this program. It may
not be perfect but we are on the right
track.
I
am
pleading
to
all sides
of
this debate, please let's keep cool
heads and use this next month to deliver a program that
is
acceptable to both sides. And
now
that we have introduced the·
Air Quality Board and Costal Commission it needs to be
acceptable
to
them as well.
Limited and portable fire rings may have some inherent
problems, however,
they
be
the
concession needed
to
reach a
compromise.
The use of propane to fuel fires
while
might
not
be ideal for
some, it
is
a viable, clean and a sustainable solution.
8/20/2019 CCC f12b-12-2015 City of Carmel Beach Fire Management Pilot Program
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Page 77 of 103
The Coastal commission is willing
to
work with
us
I will read an excerpt from the letter sent
to
the Mayor and
council, this letter was received today.
uwe very much look forward
to
a lively discussion and debate
at the Commission's December hearing
That is next
month
If
this council decides to implement a complete ban of Carmel
Beach fires, GUARENTEED this will be a very different type
of
meeting.
Again
as
a citizen of this
town
I feel we have spent enough
money on non-productive expenditures. Frankly, I
am
sick of it.
We really can avoid some
of
this waste and some of these
lawsuits by simply doing our due diligence with a little
follow
thru.
3 Questions:
1 Why have we taken a stance
that
is
in
Violation of the
Coastal act and the LCP
permitting
requirements?
2 Who is responsible
for
not responding to the Coastal
commission's requests concerning suggestions
or
program
ideas?
3
Is
the Council aware of any possible lawsuits or legal
ramifications that could ensue by ignoring the coastal
commission, abandoning the pilot program and moving
into this new found public nuisances ordinance?
8/20/2019 CCC f12b-12-2015 City of Carmel Beach Fire Management Pilot Program
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Exhibit 12: Correspondence
A-3-CML-15-0033 (Carmel Beach Fire Mngt Pilot Program
Page 78 of 103
I am hopeful we
c n
take our program
to
th December
meeting leaving with resolve and accomplishment
Please hold your course and keep us out of court
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Exhibit 12: Correspondence
A-3-CML-15-0033 (Carmel Beach Fire Mngt Pilot Program
Page 79 of 103
Watson Michaei@Coastal
From
Sent
To
Subject
John Kenny <johnk@mbay.net>
Wednesday November
04
2015 9:06
PM
Watson Michaei@Coastal
Fwd: City of Carmel
Subject City
of
Carmel
Steve,
I
am
sorry and somewhat disturbed reading Lindy Marrington's email.
t
is one
thing to thank individuals for their efforts and agree with her view but then to
continue as she does in her third paragraph to basically say to all that have a
different opinion then hers are insignificant and no one will remember in a few
years .is extremely harsh, rude and unkind.
We should respect one another's views and opinions even if they differ from our
own.
And for her to close with Peace and Blessings after disregarding others opinions
I
find extremely shallow.
I
respect her right to speak out and voice her opinion but
not her words to put others down. This shows no respect or human kindness.
I
hope she can reread her email and think about the Power of Words and
compassiOn.
John
Jolm
P
Kenny
Broker Associate 00765273
Mid Coast Investments
831-601-1679
Jolmk@mbay.net
Sent from my iPhone
Begin forwarded message:
From Lindy Marrington
<lindymarrington@.s beglo bal.net>
Date November 4, 2015 at 5:37:49 P PST
1
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Exhibit 12: Correspondence
A-3-CML-15-0033 (Carmel Beach Fire Mngt Pilot Program
Page 80 of 103
To
jason.btmlett@gmail.com, kktalm@aol.com,
vebeach@gmail.com, carrie@hofsashouse.com,
sgdallas@yahoo.com, mcalhoun@ci.cannel.ca.us,
rmullane@ci.carmel.ca.us, "Michael@Coastal
Watson" <Michael. Watson@coastal.ca.gov>,
clester@coastal.ca.gov, kathleen bang
<kathybang@me.com>, Gary Bang
<garybang@mac.com>, Carla and Jeff White
<ca.rlacarmel@aol.com>, candace cate
<candacercate2004@yahoo.com>, Barbara
Livingston <green. gardens@att.net>, Kathy
McMurdo <lrmcmmdo@comcast.net>, Randell
Bishop <robindell@att.net>, Skip Lloyd
<fulloyd@redshift.com>, Kimberly Rawlings
<kimberlvrawlings@gmail.com>, sditzler
<sditzler@sbcglobal.net>, Glenn Nash
<glenngnashOl@gmail.com>, Mary Liskin
<mary@lmadigital.com>, Cheryl Kendall
<ckendall04@yahoo.com>, Scott Smith
<scott@film-rriixer.com>, Tom Parks
<mrtobypal(@,comcast.net>, Judy Kreger
<k.regerjudv(@,gmail.com>, Lindy Marrington
<lindymanington(@,sbcglobal.net> ·
Subject
re: Thank you for standing firm
To those
of
you who held your ground regarding
doing away with fires on Carmel Beach, we express
from the bottom
of
our hearts, "thank you" To
those of you who are short sighted and not thinking
about this logically, we say to you, it is not about
what anyone wants, this is a moot point.
t is and should be all about what is best for the
beach. What is best for the white sand that took
aeons to be created and is being destroyed in a mere
decade? What is best for the fresh ocean air? What
is best for the little sea creatures that live in the sand
and along the shoreline? What is best for the
ocean/bay and the sea animals that inhabit it? What
is best for the people who would like to enjoy the
beach but have respiratory health issues?
We are
so
put
off
by the individuals who o not
appear to even ponder these questions nor their long
t nn consequences. The politicians who continue to
promote fires will be long gone in a few short years
and nobody will even remember who you are; yet
we will be left with a blackened and dirty beach
(like Monastery Beach today) and an ongoing
2
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Exhibit 12: Correspondence
A-3-CML-15-0033 (Carmel Beach Fire Mngt Pilot Program
Page 81 of 103
expensive and environmental mess which is
any body's guess
i
it will ever be able to be put back
to it's original pristine nature?
Mother Earth is very resilient and She can recycle a
certain amount o toxins but it is a different
paradigm now. There are so many humans coming
to the Monterey Peninsula and to Carmel from all
over the globe. Who are we kidding, it is NOT
about access That is
just
a distorted
distraction. From an environmental standpoint
beach fires are no longer within the best interest o
Carmel beach.
It is time to step into the "We Consciousness" and
out o the "I, me, mine" attitude. We grew up back
packing and camping
on
the Carmel river and we
too enjoyed congregating around a fire but no
longer at the expense o harming the environment
and certainly not at the expense
o
turning a rare
· white beach into a filthy mess .
We strongly support the Nuisance
Ordinance. Again, to those o you who deeply and
genuinely care about the beach, we say to you,
"It
takes as long as it takes and keep on keeping on .. "
Peace and Blessings,
Lindy Marrington and Michael Cate
photo by
C
Sanders
<RAINBOW.jpeg>
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Exhibit 12: Correspondence
A-3-CML-15-0033 (Carmel Beach Fire Mngt Pilot Program
Page 82 of 103
Watson Michaei@Coastal
From:
Sent
To:
Subject
John Kenny <johnk@mbay.net>
Wednesday, November 04 2015 9:14
PM
Watson, Michaei@Coastal
Fwd: Update 11/4. City o Carmel ·
How Kathleen Banks a Scenic &
Oth
Ave resident is allowed to serve on the City o Carmel s Forest and
Beach Commission to me is a clear Conflict o Interest. That she be allowed to influence and give direction to
the City Council on items in her front yard without recusing herself or stepping o that board just does not seem
right to me. Anyone o the City Council would routinely recuse themselves ifthere was a project or vote near o
close to their personal residence but the same apparently does not hold true for Mrs Bang.
As you can see clearly from her below email she believes that CCC has No say or authority over The City o
Carmel due to their Public Nuisance ordinance.
From:
kathleen bang <kathybang@me.com>
Date:
November
4
2015 at 3:41:08
PM
PST
To:
Gary
and
Kathy Bang <kathybang@mac.com>
Subject: Update 11/4
Hello all. After 4.5 hours of meeting last night, City Council gave direction
to staff to work with the CCC
on
a solution for propane only
on
the
beach.
No
wood, no charcoal. Many people testified, and more FOR
keeping wood fires than against. Jason, Ken and Victoria made some
great points. Ken is
very strong
on
the public health issues, Victoria
on
the fact that
we
have had a de facto pilot already and learned a lot, and
Jason
on
the false choice between clean air and fires. The vote was 3-2
after
an
initial motion by Steve Dallas failed. His motion supported
implementing the pilot with up to 10 wood fires on the beach. It failed 2-3,
with Carrie Theis voting with Steve.
Next steps are to see what the negotiations with the CCC bring. As Jason
mentioned,
we
were setting our negotiation strategy on camera since
they could
see
the discussion and the direction given to staff. It was
unfortunate that more folks supported fires than did not, but we have all
attended so many meetings and there has not been this level of support
for fires at those meetings. Carrie characterized this
as
a more balanced
view point from the community.
The Nuisance Ordinance was also passed with strong direction from Don
Freeman, City Attorney, that this ordinance can be implemented without
any approval by CCC and be
in
effect without any further CCC
action. The ordinance requires one more reading and
is in
part, a
strategy to see if the CCC will come to the table on the propane option so
we have a compromise. However, if they do not, the ordinance would ban
wood and charcoal fires altogether after its second approval. This was
1
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Exhibit 12: Correspondence
A-3-CML-15-0033 (Carmel Beach Fire Mngt Pilot Program
Page 83 of 103
also stated publicly. Don says the city has authority alone on public health
and safety.
Jason also mentioned that the CCC
is in
a box with regard to their
stance
on
air quality versus fires. His idea
is
that perhaps 6 city provided
rings, larger and artistic, that are free, could be a model for other beaches
and a way for the CCC to start moving away from requiring harmful air
particles from wood smoke.
In
addition, user provided rings would be
allowed. The direction was also given to staff to extend the pilot term
to
up to 3 years
as
all of the will take some time.
So, all good news, and we will see what will happen next. I have been
asked for next steps. We need a strategy for the upcoming CCC meeting
in
December. A couple folks have written to Charles Lester, who runs the
CCC or to a CCC Commissioner. If you do that, please ask Charles to
share your letter with all of the Commissioners and with Mike Watson who
is
our staff person and the person making recommendations
re
our
beach. However, I am thinking of holding for a few days to see how
negotiations go given the direction from last night. I have started a long
list of points
to be
made at that meeting, and
in
advance by email, and will
share that later. It will be critical to attend the meeting
as
fire advocates
will be there
in
force.
If you feel compelled to email now, here are the relevant email addresses,
remember to ask that they cc the whole commission.
Charles Lester email:
clester@coastal.ca.gov
Mike Watson email:
Michaei.Watson@coastal.ca.gov
I feel very good about the resolve of Jason, Victoria and Ken to keep this
on
track. I have attached below my letter thanking them. You might want
to do so also. One speaker called them heroes, and I was reminded that
2 years ago when we started all this, we were told we were going to need
spines of steel. they are demonstrating that.
I
am
considering having t-shirts made for
us
for the meeting
in
December. What do you all think? Thanks to Kimberly for the design
work:
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Exhibit 12: Correspondence A-3-CML-15-0033 (Carmel Beach Fire Mngt Pilot Program
Page 84 of 103
Begin forwarded message:
From kathleen bang <kathybang@me.com>
Subject Thank you
Date November
4
2015 at 2:40:39 PM PST
To
Jason Burnett <jason.burnett@gmail.com> Ken Talmage
<kktalm@aol.com> Victoria Beach <vebeach@gmail.com> Carrie Theis
<carrie@hofsashouse.com> Steve Dallas <sgdallas@yahoo.com>
Cc: Mike Calhoun <mcalhoun@ci.carmel.ca.us> Rob Mullane
<rmullane@ci.carmel.ca.us> Gary Bang <garybang@mac.com>
Thank you all for the careful consideration
on
the beach fires last
night. And thank you especially Jason Ken and Victoria for choosing the
community and our citizens health over compromise. With what we now
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Exhibit 12: Correspondence
A-3-CML-15-0033 (Carmel Beach Fire Mngt Pilot Program
Page 85 of 103
know about the real danger of wood smoke, poisoning our residents and
visitors just a little bit is not
n
option. As you said last night, Jason, it is
false choice to say we must decide between clean air or beach fires. e
have n option that gives
us
both, and gives
us
clean sand and clean
ocean as well.
This has been a long and tortuous road, our work as brought us to
n
even better conclusion that the pilot, and we will continue to work to ·
achieve the transition to propane fuel.
We so appreciate all the time and effort you all put into serving our
city. Thank you very much.
Kathy
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Exhibit 12: Correspondence
A-3-CML-15-0033 (Carmel Beach Fire Mngt Pilot Program
Page 86 of 103
Steven A. Hillyard
PO Box
6475
Carmel-by-the-Sea, California 93921
831-624-5264
November
13, 2015
DE L IV ERE P
J?Y
EMAIL TO: michael.watson@ko_i1S..t?.l.c.?._,g6v
Chair and Members
California Coastal Commission
45
Fremont Street
San Francisco, CA 94105
Re: Carmel-by-the-Sea Beach Fires
Ladies and Gentlemen:
Notwithstanding
my
city s inelegant approach to this issue, wood fires on Carmel
Beach have. taken n unacceptable toll. The beach s dismal condition demonstr tes
th t the city s Local Coastal Program should be changed to help the beach recover
and then allow
the
city to manage it properly for the benefit of the entire be ch
going community. Properly designed and implemented, remedial nd m inten nce
efforts would
be
consistent
with
nd advance the Commission s st tutory goals:
Section 30001.5 o the Public Resources states: The Legislature further
finds and declares
th t the
basic goals
of
the st te for the coastal zone
re
to:
. ( ~ ) . . E r o t e c t , maintain. nd
where
feasible. enhance nd restore the
over ll
9lli .Lt y of the coastal zone environment nd its natural nd artificial
resources.,.
(b) Assure orderly, balanced utilization and conservation of coastal
a n ~
resources taking into account the social and economic needs of the people of
the
state.
(c) Maximize public access to nd along the co st and maximize public
recreational opportunities in the coastal zone consistent
with
sound
resources conservation principles and constitutionally
protected
rights of
private property owners.
Section 30214 a) st tes in part: The public access policies of this article
shall be implemented in a m nner th t takes into account the
need
to
. r ~ g l J . f t e
the
time,_place, and m ? n n ~ I Q f _ p u b l i c access depending on
the
facts
fl.nd circumstances in each case
in_c] .din_g,
but not limited to, the following:
(2) The capacity of the site to sustain use and
t wh t
level of intensity.
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Exhibit 12: Correspondence A-3-CML-15-0033 (Carmel Beach Fire Mngt Pilot Program
Page 87 of 103
California Coastal Commission
November 13, 2015
I suggest that Carmel Beach
is
an important element of the local
environment
and a
natural resource worthy of your restoration and enhancement policy attention.
Moreovec the public s interest in access to
the
beach is best served by assuring that
the beach is healthy, clean, well maintained
and-to
the
maximum
extent
practical-representative
of the environment before man s impact.
Clearly, the impact of wood fires on the southern end of the beach indicates that
the
policy in Carmel s Local Coastal Program that promotes these fires cioes not advance
either
the public-access or environment-protection goals found in the Coastal Act.
As you
are
fully aware, this portion of the beach
is
grey from ash and impregnated
with charcoal creating an unsightly mess
that
repels many users and probably
breeds disrespect in others: why shouldn t I build a fire
in
this
already
trashed place.
Before the many years of overuse, wave action cleansed the fire debris from this
portion of the beach. The sand retreated into the ocean and returned clean; the
beach was white and clear of charcoal. Unfortunately, the quantity of fire debris
that
has accumulated over years coupled with less-than-robust wave activity has
overwhelmed nature s ability to return Carmel Beach to an acceptable level of
cleanliness and a far cry from what it was or could be.
To
allow nature to catch up, a moratorium on beach fires lasting at least one
cleansing/use cycle
is
clearly indicated. During this period and any needed
extensions thereof, the beach can recover to its pre-overuse condition and ecologists
can
measure
the ocean s ability to cleanse the b e d ~ and whiten its sand. (Ideally, a
local university such as
CSUMB
would coordinate this work with local
K 12
groups
collaborating.) With this objective
data
on
the
ecosystem s restorative capacity, the
City of Carmel, the beach users and
the
Commission can collaborate
and
develop a
sound, science-based, fire-use policy consistent with
your goals of access and
environmental protection. More important, the beach will have recovered.
Many, if not most, of the proponents of maintaining beach fires cite the social
benefits of bonfires for local youth and young families. Temporarily refocusing
these young people on studying
nature s
cleansing process and its limitations could
sensitize them to fire s impact. This should
widen their perspective
and prompt
them to contribute to future policymaking while considering principle as well as
preference. Similarly, the process should sensitize the opponents of the fires to the
valid, legally protected interests of the wider community. Perhaps more important,
everyone will
understand that
the Commission reacted to this issue in a sound,
scientifically defensible manner that is
consistent
with good environmental
stewardship and established public policy priorities.
Carmel s winner-take-all, confrontational strategy may not
engender
confidence in
our government. However, three
members
of the city council and the city attorney
do
not amount to a consensus of this community. Should you deem the city s
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Exhibit 12: Correspondence
A-3-CML-15-0033 (Carmel Beach Fire Mngt Pilot Program
Page 88 of 103
California Coastal Commission
November 13 2015
current proposal inconsistent with
the
Coastal Act I hope
th t
you will provide
guidance to staff
th t
would result in an approach to this
problem
similar to one
outlined above.
Copy to: Charles Lester
3
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Exhibit 12: Correspondence
A-3-CML-15-0033 (Carmel Beach Fire Mngt Pilot Program
Page 89 of 103
Watson
Michaei@Coastal
From:
Lester, Charles@Coastal
Sent:
Friday, November 13, 2015 4:33
PM
To:
Cc
Watson, Michaei@Coastal; Craig, Susan@Coastal
Carl
Dan@Coastal
Subject:
Attachments:
FW: Beach
fires on Carmel beach
beach_moratorium.pdf
Will this
be
on the December agenda?
Charles lester
Executive
Director
California
Coastal Commission
45 Fremont Street, Suite 2000
San Francisco,
CA
94105
415) 904-5202
CAL: i'O'fl fil\
C O S T L
( ( • < \ I M i ~ ~ , f ( ; > N
Every Californian should conserve water . Find
out
how at:
Save Our
water
SaveOurWater.com · Drought.CA.gov
From FPLioyd@redshift.com [mailto:FPLioyd@redshift.com]
Sent:
Wednesday, November 11, 2015 11:21 AM
To
Lester, Charles@Coastal
Subject:
Beach fires on Carmel beach
Charles Lester
Executive Director
Califomia Coastal Cmmnission
Attached is a memo of mine regarding the issue offrres on Cannel beach. This is offered in connection with the appeal which is
before your commission, to be heard in December, as I understand it.
Cannel beach is being visited by exponentially greater numbers
of
visitors now than ever in past years; literally thousands on the
beach at a given time on weekends of good weather, as well as many thousands more over the course of a day, as I mention
in
the
memo. As a frequent beach user, I have personally observed this and I believe that the City of Cannel may have records ofthese
numbers showing this, as well. The situation has changed. I t is not anything like it was when the City s ordinance regarding beach fire
was enacted, in quieter days. The City is trying, in good faith, to cope with this problem; a problem where the fires of very few are
ruining the enjoyment of the resource for thousands of others. I grew up in Carmel and moved back here after practicing law with a
finn in San Francisco, and have practiced law here for over 50 years. Throughout these times, I have been a frequent beach user
(volleyball and body surfing as a youth and rmming, walking and picnicking there for years, even enjoying picnicking with fires whe
they were few). Times simply have changed and the primary resource is sullied by the extensive nwnber
of
fires: Their interference
with simultaneous enjoyment of the resource while they are buming and the sullying of the unique sand of the beach when they are
left behind.
Please protect,
as
intended by the Coastal Act (for which we are grateful and which we support) the pristine, white, unique, ground
1
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Exhibit 12: Correspondence
A-3-CML-15-0033 (Carmel Beach Fire Mngt Pilot Program
Page 90 of 103
granite sand o Cannel beach and the right o the public to have access to the resource
n
the state in which nature has made it.
Thank you for your consideration.
Francis ( Skip ) Lloyd
2
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Exhibit 12: Correspondence
A-3-CML-15-0033 (Carmel Beach Fire Mngt Pilot Program
Page 91 of 103
To: City Council, Carmel-by-the-Sea
September 1 2015
Declaration of an emergency moratorium prohibiting fires on Carmel beach is
necessary warranted and should be continued
o
grounds of ongoing damage
to the public resource as well as public hazards from smoke.
The California Coastal Management Program ( CCMP )has two goals relevant to
Carmel's beach fire problem:
1.
protecting, enhancing and restoring coastal environmental quality and
resources
2.
maximizing public access to the coast
Carmel's Local Coastal Program ( LCP ) complies with the above: Access to the
coastline is virtually unlimited.
Carmel's LCP has thorough policies, borne out by its Shoreline Management Plan, to
protect, enhance and restore coastal environmental quality and resources .
The resource to be protected is the unique white sand beach itself, to which the public is
given access. It is the right of the public to have access to and enjoy the primary
component of the beach: Its full expanse of unique, ground granite, white sand, formed
over millions of years.*
Given the primary resource, the white sand beach, which is to be open to access and
protected by the CCMP, building of fires on the beach would not seem to be a right to be
protected and guaranteed by the CCMP but is a privilege granted by Carmel, which
owns the beach, to be allowed as long as the primary resource is not appreciably
denigrated by that practice.
The current situation with excessive fires on the beach impinges unacceptably upon the
public's right to enjoyment of the primary resource, the white sand beach. This resource
is enjoyed, not just by those who walk or settle themselves on the sand of the beach
itself, but by visitors to the beach
in
many other ways. Recently there are hugely
increased numbers of partakers of the beach (see recent statistics
in
the record already
presented to you), numbering
in
the several thousands settled
on
the beach itself at
certain times; many more numbers of visitors to the beach who come and go and thus
are not counted
in
any count as of a given point in time; additional thousands of visitors
and residents who visit the beach daily by Scenic Drive drive-bys; thousands more who
visit daily by walking on the bluff beach walkway, and occupiers of many Carmel homes
with views of the beach (not limited to Scenic Drive owners). All of these members of
the public are entitled to enjoyment of the resource.
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Exhibit 12: Correspondence
A-3-CML-15-0033 (Carmel Beach Fire Mngt Pilot Program
Page 92 of 103
I submit that the recently documented public health hazard from smoke and other
airborne residues is not the only reason demanding emergency action. The ongoing
denigration of the primary resource, the unique white sand beach, is denying the public
the full enjoyment of the very resource which the Coastal Act was designed to ensure. If
the fires are not curtailed, the damage they cause to the public experience of the
resource continues on a daily basis and affects the public
on
a massive scale,
considering the huge numbers of people who are now visiting the beach in numerous
ways. Other than residents, for many of these people one visit may be the totality of
their experience with Carmel beach, Carmel's unique and most valued scenic attraction.
If the Coastal Commission would contend that the CCMP guarantees the right of a very
small segment of the public to bring materials to Carmel beach, set them on
fire and (1)
create a public health hazard and
2)
leave the remains to foul the very resource that
the CCMP is designed to protect for the public at large, that would be inconsistent with
the intent of the California Coastal Act: Protecting the resource for the enjoyment of the
public at large.
Lack of winter storms
in
the winter of 2014-2015 failed to cleanse Carmel Beach of the
fire refuse of 2014 from the beach, so that the beach retains the excessive charcoal left
over from 2014, spread over large sections of the beach, which cannot be cleaned. The
fires since winter and currently are superimposed on top of the holdover charcoal
pollution from 2014, together fouling large sections of the beach. This is a continuous
problem, which is exacerbated every day by additional fires.
The denial of enjoyment by the public of the resource, being caused by the ever
increasing number of fires on Carmel beach with every passing day and the public
health danger created by the air pollution from these fires (to those downwind of the
fires
on
the beach itself as well as above the bluffs and onshore downwind) demands
that emergency action be taken.
Francis ( Skip ) Lloyd
*The unique, millions of years
in
creation, iconic and rare nature of the fine, white,
granitic sand at Carmel beach is well described on pages 17-20 of the 1992 book
Creating Carmel, The Enduring Vision by Harold and Ann Gilliam, and is referred to in
many other notable publications as well.
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Exhibit 12: Correspondence
A-3-CML-15-0033 (Carmel Beach Fire Mngt Pilot Program
Page 93 of 103
Watson Michaei@Coastal
From:
Sent:
To:
.
Cc
Subject:
Attachments:
Charles lester
Executive Director
California Coastal Commission
45 FremontStreet Suite 2000
San Francisco, CA 94105
415) 904-5202
C O S T L
Lester
Charles@Coastal
Thursday November 19 2015 12:26 PM
Watson Michael@Coastal
Carl Dan@Coastal; Craig Susan@Coastal
FW:
Letter re Carmel Beach Fires
Letter
to The
California Coastal Commission 11.17.15.docx
Every Californian should conserve water. Find
out how
at:
Save Our
water
SaveOurWater.com · Drought.CA.gov
From:
Stan Meresman [mailto:stan@meresman.com]
Sent:
Tuesday November 17 2015
8: 7AM
To:
Lester Charles@Coastal
Cc: Sharon Meresman
Subject:
Letter re Carmel Beach Fires
November 17 2015
Mr
Charles Lester, Executive Director
Califomia Coastal Commission
We respectfully submit the attached letter to the
CCC
Commissioners to review. I would appreciate if you
would forward this to all of the members
of
the
CCC
I do not have there email addresses).
For
your
convenience, I have also copied the letter below. Thank you.
Respectfully,
Stan and Sharon Meresman
Citizens, residents and voters in Carmel-by-the-Sea
1
8/20/2019 CCC f12b-12-2015 City of Carmel Beach Fire Management Pilot Program
http://slidepdf.com/reader/full/ccc-f12b-12-2015-city-of-carmel-beach-fire-management-pilot-program 211/220
Exhibit 12: Correspondence
A-3-CML-15-0033 (Carmel Beach Fire Mngt Pilot Program
Page 94 of 103
November 17, 2015
To: The California Coastal Commission
Please do not override the Cannel City Counsel
in
their actions to protect the health
of
its citizens and visitors
by not allowing smoke from wood burning and charcoal fires on the beach that pollute
the
lungs
of
children,
adults and the elderly. Please o not put us in harm s way.
The components
of
wood smoke and cigarette smoke are quite similar, and that many components
of
both are
carcinogenic. Smoking cigarettes have been banned in public places in most of California. ·There is a reason fo
that-
so people don t have to breathe secondary smoke.
The analogy that comes to mind is to say that it is not damaging to the health
of
children, adults and the elderly
for them to smoke cigarettes or breathe secondary smoke)
if
only some of the time.
The Carmel beach on weekends is still attracting many people who are enjoying the sand, waves and water
perhaps starting to be cleaner and more natural). Even allowing access to some people who stayed away
before due to the smoke families, elderly, people with respiratory issues). There is still access and enjoyment
o
the Carmel beach by now everyone to enjoy the clean, fresh outdoor natural environment.
Please
don t
override Carmel-by-the-Sea actions to protect the health
of
its citizens and visitors; and protecting
our natural coastal beach, bay, ocean and wildlife. Please do not put
us
in harm s way.
Respectively,
Stan and Sharon Meresman
Citizens, residents and voters
of
Carmel-by-the-Sea
2
8/20/2019 CCC f12b-12-2015 City of Carmel Beach Fire Management Pilot Program
http://slidepdf.com/reader/full/ccc-f12b-12-2015-city-of-carmel-beach-fire-management-pilot-program 212/220
Exhibit 12: Correspondence
A-3-CML-15-0033 (Carmel Beach Fire Mngt Pilot Program
Page 95 of 103
November 17, 2015
To
The California Coastal Commission
Please do not override the Carmel City Counsel in their actions to
protect the health of its citizens and visitors by not allowing smoke from
wood burning and charcoal fires on the beach that pollute
the
lungs of
children, adults and the elderly. Please do ot put
us
in harm s way.
The components of wood smoke and cigarette smoke are quite similac
and that many components of both are carcinogenic. Smoking cigarettes
have been banned in public places in most of California. There is a
reason for that so people don t have to breathe secondary smoke.
The analogy
that
comes to mind is to say
that
it is
not
damaging to
the
health of children, adults and the elderly for them to smoke cigarettes
(or breathe secondary smoke) if only some of
the
time.
The Carmel beach on weekends is still attracting many people who are
enjoying the sand, waves and
water
(perhaps starting to be cleaner and
more natural). Even allowing access to some people who stayed away
before due to
the
smoke (families, elderly, people with respiratory
issues). There s still access and enjoyment of the Carmel beach by now.
everyone to enjoy
the
clean, fresh outdoor natural environment.
Please don t override Carmel-by-the-Sea actions to protect the health of
its citizens and visitors; and protecting our natural coastal beach, bay,
ocean and wildlife. Please do not put us in harm s way.
Respectively,
Stan and Sharon Meresman
Citizens, residents and voters of Carmel-by-the-Sea
8/20/2019 CCC f12b-12-2015 City of Carmel Beach Fire Management Pilot Program
http://slidepdf.com/reader/full/ccc-f12b-12-2015-city-of-carmel-beach-fire-management-pilot-program 213/220
Exhibit 12: Correspondence A-3-CML-15-0033 (Carmel Beach Fire Mngt Pilot Program
Page 96 of 103
Watson Michaei@Coastal
From:
Sent
To:
Cc
Subject
Mr Watson and Ms Craig
Chris Hardy <cdhardy@bellsouth.net>
Sunday, November
22
2015 9:36
PM
Watson, Michaei@Coastal; Craig, Susan@Coastal
Barbara Hardy
Beach Fires
at
Carmel
Beach
By
this email I
am
writing to express my hope that wood burning beach fires will be allowed to continue at
Carmel
Beach.
When this matter first became controversial my wife Barbara and I both spoke at Carmel By -The Sea public
forums in favor of the continuation of
an
unlimited number of beach fires. After all since first coming to
Carm'el in 1983 as newly weds and on our many subsequent visits, beach fires have been a tradition for us-
our family
and
friends have always met on the beach and enjoyed the delight
of
a wood burning fire under the
stars, listening
to
the sound of
the
waves nature at its finest When I retired and we moved here
in
2012 we
met
so
many locals for the first time and formed new friendships on
the
beach by
the
fires. We very much
hope to continue the tradition when our sons and their families visit us for their vacations. There are many
others with similar views many of whom are parents with young children.
We have however come to realize that there
can be
too much of a good thing. Certainly when there were
more than 100 fires in a relatively confined part
of
the beach on July 4th
for
example, we experienced a
saturation of sorts. So we have
now
come to recognize that some limits need
to
be placed on the number of
wood burning beach fires. We might argue about what number
is
appropriate
so
that all interested groups can
get a chance
to
enjoy a beach fire. However we strongly urge the Coastal Commission
to
allow beach fires
to
continue on Carmel
Beach.
A complete ban on wood burning fires on Carmel Beach would serve the interest
o
a small but vocal local group to
the detriment
of
the
many who value this great fami ly tradition.
Should you have any questions please don
t hesitate to contact me.
Thank you
for
your consideration.
Sincerely,
Chris Hardy
Monte
Verde 3 SW of 2nd
PO Box 6446
Carmel By -The
-Sea
CA 93921
8/20/2019 CCC f12b-12-2015 City of Carmel Beach Fire Management Pilot Program
http://slidepdf.com/reader/full/ccc-f12b-12-2015-city-of-carmel-beach-fire-management-pilot-program 214/220
Exhibit 12: Correspondence A-3-CML-15-0033 (Carmel Beach Fire Mngt Pilot Program
Page 97 of 103
Watson Michaei@Coastal
From:
Sent
To
Subject
Hi There
Robert Quist <rquist46@yahoo.com>
Sunday November 22 2015 10:32 PM
Watson Michaei@Coastal
Beach Fires
I support continued beach fires on the Carmel Beach with fire range if necessary.
Bob Quist
311
0 Spruance
Rd.
Pebble Beach CA 93953
518-866-9411
1
8/20/2019 CCC f12b-12-2015 City of Carmel Beach Fire Management Pilot Program
http://slidepdf.com/reader/full/ccc-f12b-12-2015-city-of-carmel-beach-fire-management-pilot-program 215/220
Exhibit 12: Correspondence A-3-CML-15-0033 (Carmel Beach Fire Mngt Pilot Program
Page 98 of 103
Watson Michaei@Coastal
From:
Sent
To
Subject
Alexandria Sarten <alexandria.knight@gmail.com>
Sunday November
22
2015 10:40 PM
Watson Michaei@Coastal; Craig Susan@Coastal
ood Fires on Carmel Ocean Beach
I support the tradition
o
fires on Ocean Beach. Please don't ban
Sincerely,
A. Sarten
1
8/20/2019 CCC f12b-12-2015 City of Carmel Beach Fire Management Pilot Program
http://slidepdf.com/reader/full/ccc-f12b-12-2015-city-of-carmel-beach-fire-management-pilot-program 216/220
Exhibit 12: Correspondence A-3-CML-15-0033 (Carmel Beach Fire Mngt Pilot Program
Page 99 of 103
Watson Michaei@Coastal
From:
Sent
To
Subject
Dear Mr. Watson and Ms.
Craig
Gudbergsdottir, Bergthora
Eva
<evag@miis.edu>
Monday, November 23 2015 9:09 AM
Watson, Michael@Coastal; Craig, Susan@Coastal
Carmel Beach Fires
As
a resident
o
Carmel I would like
to
strongly voice my support or at least allowing 10-12 beach fires
in
special rings.
The City
o
Carmel s position on this issue appears
to
make our beach a non-family friendly, only-for-the-wealthy recreational
area.
Please consider maintaining this cherished tradition
or
future generations and all people.
Sincere regards,
Eva Gudbergsdottir
1
8/20/2019 CCC f12b-12-2015 City of Carmel Beach Fire Management Pilot Program
http://slidepdf.com/reader/full/ccc-f12b-12-2015-city-of-carmel-beach-fire-management-pilot-program 217/220
Exhibit 12: Correspondence
A-3-CML-15-0033 (Carmel Beach Fire Mngt Pilot Program
Page 100 of 103
Watson Michaei@Coastal
From:
Sent
To
Subject
To Mr Watson
katherine spitz <katiespitz03@aol.com>
Monday November 23 2015 9:59AM
Watson Michaei@Coastal
Carmel fires
I
am
writing
in
support
of
wood burning bonfires on the beach in Carmel. Bonfires provide a way for the public to enjoy
use
of
the beach in the evenings. Having participated in such bonfires for over 8 years I can attest to the fact that in
most cases they are used
by
families to provide safe ways to congregate in the public realm. I am concerned that the
decision about the fires will
be
made on behalf
of
the exclusive nearby Carmel residents rather than in the interest
of
the greater California public.
Thank you
Katherine Spitz
3710 Mountain View Avenue
Los
Angeles California 90066
310-251-7476
1
8/20/2019 CCC f12b-12-2015 City of Carmel Beach Fire Management Pilot Program
http://slidepdf.com/reader/full/ccc-f12b-12-2015-city-of-carmel-beach-fire-management-pilot-program 218/220
Exhibit 12: Correspondence
A-3-CML-15-0033 (Carmel Beach Fire Mngt Pilot Program
Page 101 of 103
Watson Michaei@Coastal
From:
Sent
To:
Subject
hi micheal
josh bleibtreu <panahead@mac.com>
Monday November
23
2015 10:01 AM
Watson Michael@Coastal
carmel beach fires
i saw
th t
there is a movement
to
t y
and
stop the open pit fires
on
the carmel beach .... i am not sure why they
would want to stop this?
and
feel very strongly th t it would
be
a serious loss
to
our community
.. to me
it is much
better for a group of friends or family to gather at night and sit in front off a fire than a television set.. or laptop ... it
connects us with nature and other. people .. please let me know what i can do
to
help preserve this tradition ..
thanks for your time
and
all the best
josh bleibtreu
238
highway 1 carmel ca 93923
1
8/20/2019 CCC f12b-12-2015 City of Carmel Beach Fire Management Pilot Program
http://slidepdf.com/reader/full/ccc-f12b-12-2015-city-of-carmel-beach-fire-management-pilot-program 219/220
Exhibit 12: Correspondence A-3-CML-15-0033 (Carmel Beach Fire Mngt Pilot Program
Page 102 of 103
Watson Michaei@Coastal
From:
Sent
To:
Subject
Kati Enea <katienea@yahoo.com>
Monday,
ovember 23
2015 10:16 AM
Watson, Michaei@Coastal; Craig, Susan@Coastal
Carmel Bonfires
We support bonfires on Carmel Beach. Please do not let the tradition die. We love taking our children and enjoying the evenings filled with fun, laughter and
BONFIRES
Thank you for your consideration.
Carmel Residents,
Joe and Kati Enea
1
8/20/2019 CCC f12b-12-2015 City of Carmel Beach Fire Management Pilot Program
http://slidepdf.com/reader/full/ccc-f12b-12-2015-city-of-carmel-beach-fire-management-pilot-program 220/220
Watson Michaei@Coastal
From:
Sent
To
Subject
Hello
Susan
Webb <susanwebb333@gmail.com>
Monday November 23 2015 10:19 AM
Watson Michaei@Coastal; Craig Susan@Coastal
Carmel Beach fires
I
am Susan
Webb and have been a resident
of
Carmel since 1979. I
am
in favor
of
having a restricted
mount
of
contained beach fire pits at Carmel Beach. Thanks for
your
consideration.
Sent from my iPhone
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